"Elden, who is now in his 30s, sued Nirvana and other parties for child exploitation back in 2021, claiming the image of him amounted to child pornography, and that his legal guardians never granted consent for the band to use the photo as its album cover. Judge Fernando M. Olguin tossed the lawsuit in 2022 based on the statute of limitations, but it was revived by an appeals court."
"As part of his ruling dismissing the lawsuit on Tuesday, Judge Olguin reasoned, "Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct. This image - an image that is most analogous to a family photo of a nude child bathing - is plainly insufficient to support a finding of [child pornography]." The judge also pointed out that Elden has profited from the image by autographing memorabilia and calling himself the "Nirvana baby.""
Spencer Elden, who was photographed as the naked baby on Nirvana's 1991 Nevermind album cover, sued Nirvana and related parties in 2021 alleging child exploitation and lack of parental consent. Judge Fernando M. Olguin dismissed the lawsuit in 2022 based on the statute of limitations, but an appeals court revived the case. Olguin dismissed the suit again this week, ruling that the image is not child pornography and likening it to a family photo of a nude child bathing. Elden's lawyers filed a new appeal to the Ninth Circuit seeking reinstatement and a trial. Nirvana's attorney Bert Deixler vowed to resist the appeal.
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