Nirvana have won the latest round in the long-running legal battle surrounding the album cover for their iconic grunge masterpiece, 1991’s 13x platinum “Nevermind“. Spencer Elden appeared as the naked infant on the cover of that record, and first filed suit against the grunge legends back in August of 2021.
In his initial complaint, Elden, now in his 30s, accused the group and associated parties of using that photo without consent and claimed that the photograph amounted to child pornography. It has previously been stated that his parents were financially compensated for the shoot.
Elden would go on to claim he incurred “lifelong damages” as a result of the image and its usage as the album cover. Since first being filed, that suit has undergone numerous challenges and setbacks. In January of 2022 it was dismissed due to a lack of response from Elden‘s legal team. However, days later, Elden‘s legal team went on to revive that suit.
In September of 2022, Nirvana appeared to have won that suit, with U.S. District Judge Fernando Olguin dismissing the case with prejudice, citing concerns with the 10-year statute of limitations. However, Elden‘s legal team went on to revive the suit in December of 2022, citing Masha’s Law. That child pornography-related federal law affords potential extensions of the aforementioned statute of limitations. That successful appeal saw the case go back into play, with the matter once again meeting a resolution this past Tuesday, September 30th.
Per Billboard, Judge Fernando Olguin ruled that the image featured on the cover of “Nevermind” failed to meet the criteria of ‘child pornography’, stating, “Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct.”
Judge Olguin also questioned the various activities Elden has engaged in over the years that associated himself directly with the cover. Elden had seemingly embraced the distinction of being on the album cover, having recreated the album cover shoot in 2016, while also getting “Nevermind” tattooed across his chest. He was also found to have sold associated photos, autographed memorabilia and more. Judge Olguin said of that potential conflict:
“Plaintiff has, for many years, embraced and financially benefited from being featured on the album cover. Plaintiff’s actions relating to the album over time are difficult to square with his contentions that the album cover constitutes child pornography and that he sustained serious damages as a result.”
This latest dismissal was handed down without prejudice, meaning that Elden‘s legal team could potentially appeal. However, as of press time, it is not year clear on how they plan to proceed.
