A federal judge has once again dismissed Spencer Elden’s lawsuit against Nirvana over the cover of their landmark 1991 album Nevermind. Elden, now in his 30s, was the baby photographed naked underwater on the album’s cover.
Judge Fernando M. Olguin ruled on Sept. 30 that the image does not qualify as child pornography under federal law, emphasizing that nothing about the pose, setting, or context suggests sexually explicit content. Instead, he likened it to a typical family photo of a bathing child, which is legally insufficient to be considered exploitative.
Elden originally sued Nirvana, the estate of Kurt Cobain, and others in 2021, claiming that the band knowingly profited from his exploitation as a child. Although the case has been repeatedly thrown out, it was revived in 2023 when the Ninth Circuit Court of Appeals allowed it to proceed, reasoning that the 2021 reissue of Nevermind could constitute a new injury within the statute of limitations.
Olguin, however, stood firm in his latest ruling, pointing out Elden’s long history of publicly embracing and profiting from his association with the cover — including recreating the photo multiple times. These actions, the judge said, undercut Elden’s claims of harm.
While the lawsuit has now been dismissed again, Elden’s legal team still has the option to appeal.
SOURCE: Loudwire