A third lawsuit alleging Nirvana’ iconic Nevermind album cover, which features a naked 4-month old baby, constitutes child pornography has been dismissed. Judge Fernando Olguin of the Central District Court in California dismissed Spencer Elden’s case, which should prevent the man from filing again. Elden has stated he intends to appeal the decision.
“Here, plaintiff does not dispute that he knew of injuries arising from defendants’ activities related to their use of his image on the Nevermind album cover more than ten years before he filed this action,” Olguin said in his ruling.
“Because plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint,” Olguin also said.
A federal judge has dismissed a lawsuit filed by a man who, as a baby, had graced the cover of Nirvana’s seminal album, "Nevermind," and argued 30 years later that the iconic photo of him drifting naked in a pool had been a form of sexual exploitation. https://t.co/cs5W32WY5N
— The New York Times (@nytimes) September 5, 2022
Elden, who is now 31, was pictured naked in a Pasadena, California, pool on the cover of the 1991 record. He sought damages from the estate of Kurt Cobain, photographer Kirk Weddle, surviving Nirvana members Dave Grohl and Krist Novoselic, and numerous record labels.
Elden had previously re-enacted the photo for the record’s 15th and 25th anniversaries.
Released in 1991, Nevermind has sold upwards of 9.5 million copies and remains one of the most celebrated records of the 1990s. The album’s first single, “Smells Like Teen Spirit,” catapulted Nirvana into mainstream success. Nevermind also enjoyed a renaissance this year after the track “Something In The Way” was featured in the Matt Reeves’ film The Batman.