A federal judge has officially thrown out a lawsuit filed by the man who, as a baby, graced the cover of Nirvana’s landmark 1991 album, ‘Nevermind.’ The plaintiff had alleged that the iconic image constituted child sexual abuse imagery.
The photo, which captures Spencer Elden at just four months old, became an indelible symbol of Nirvana’s groundbreaking second album, ‘Nevermind.’
U.S. District Court Judge Fernando Olguin, presiding in the Central District of California, issued a ruling on Tuesday, stating that the album cover did not satisfy the legal definition of child sexual abuse imagery.
Judge Olguin explicitly stated in his decision that ‘neither the pose, focal point, setting nor overall context suggest the album cover features sexually explicit conduct.’ He further elaborated that, aside from the baby’s nudity, nothing in the image approached the legal scope of child pornography, comparing it to a common family photograph of a child bathing.
The judge also highlighted the inconsistency between Elden’s public actions and his claims regarding the image.
Elden had, in fact, profited from his association with the album. This included receiving payment for re-enacting the famous shot, selling signed merchandise, and openly embracing the moniker ‘Nirvana baby.’ The court also pointed out that Elden had the album’s title tattooed on his chest.
This victory for Nirvana brings an end to a legal saga that spanned over four years. Elden’s lawsuit named several defendants, including the estate of Nirvana’s late frontman Kurt Cobain, former bandmates Dave Grohl and Krist Novoselic, and Cobain’s widow, Courtney Love, among others.
Bert H. Deixler, representing Nirvana, expressed his clients’ satisfaction on Wednesday, stating they were ‘delighted’ that the court had ‘ended this meritless lawsuit’ and that they were now ‘free of the stigma of false allegations.’
A representative for Elden did not immediately respond to inquiries for comment. News of the lawsuit’s dismissal was previously reported by Billboard.
Elden, an artist, initially launched his federal lawsuit in 2021. He accused the band and their record label of illegally profiting from his naked likeness and of intentionally creating, owning, and promoting commercial child sexual abuse imagery featuring him.
The lawsuit faced two prior dismissals: one due to his legal team missing a response deadline, and another when Judge Olguin determined it had not been filed within the stipulated 10-year statute of limitations.
However, a federal appeals court reinstated the case in December 2023. This decision was based on the finding that repeated publication of the image, such as the album’s 2021 reissue, could be considered a new personal injury.
Photographer Kirk Weddle captured the image at the Rose Bowl Aquatics Center in Pasadena, California. He chose it from numerous baby photos he took for the cover, fulfilling Cobain’s vision of a baby swimming underwater. Elden’s parents received $200 for the use of the picture.
The chosen photograph was subsequently modified to depict the infant pursuing a dollar bill suspended from a fishhook.
Released in September 1991, ‘Nevermind’ not only shaped a generation of music fans but also propelled grunge rock into global prominence. The album, featuring smash hits such as ‘Smells Like Teen Spirit’ and ‘Come as You Are,’ launched Nirvana to international fame.
While Elden initially participated in celebrating the album over the years, his perspective eventually changed. In a GQ Australia interview for the album’s 25th anniversary, he expressed his frustration over the persistent discussion surrounding the cover.
He recounted his shifting feelings, saying, ‘Recently, I’ve been thinking, ‘What if I wasn’t OK with my freaking penis being shown to everybody?’ I didn’t really have a choice.’
When questioned about the change in his sentiment, Elden recalled reaching out to the band to collaborate on his art show.
He added, ‘I was getting referred to their managers and their lawyers. Why am I still on their cover if I’m not that big of a deal?’