US EditionLawsuit over Nirvana album art featuring naked baby thrown out for a second time
The lawsuit spanned over four years and multiple rulings, with the judge ruling the image lacks the sexually explicit elements required to qualify as child pornography.
- A federal judge dismissed a lawsuit by Spencer Elden, claiming that the album cover of Nirvana's 'Nevermind' was child pornography, explaining that it does not meet legal definitions for such images.
- Judge Fernando M. Olguin ruled that the album cover image does not depict sexually explicit conduct and is akin to a family photo of a nude child bathing.
- The judge stated that Elden's actions over the years, such as selling memorabilia and endorsing the image, contradict his claims of serious damages.
- Nirvana's attorney, Bert H. Deixler, expressed satisfaction with the verdict, stating it ends a 'meritless case' and lifts false allegations from the band.
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The album, which has sold over 30 million copies, depicts Spencer Elden as a naked baby, swimming toward a dollar bill. He considers it child pornography. The judge on Thursday compared the image to a family photo of a child bathing.
Federal Court Shuts Down "Nirvana Baby" Lawsuit (Again) - Legal Reader
The photograph of plaintiff Spencer Elden, taken when he was about four months old, was used as cover-art for Nirvana’s second album, “Nevermind.” In his lawsuit, Elden, who was nude in the picture, claimed that the imagery was tantamount to child pornography.
Judge disagreed with Spencer Elden, who appears on Nirvana's 'Nevermind' album, that the image was sexual.
Spencer Elden, the child portrayed on the famous cover of the 1991 Nirvana's "Nevermind" album, rejected his lawsuit against the legendary band grunge. An American federal court determined that the image does not constitute child pornography, thus rejecting the accusations made by Elden against the music group and photographer Kirk Weddle. Elden, now thirty years old, appeared in 1991 at the age of four months in the famous underwater photograph…
When 'Nevermind' was released in 1991, the supersales album that catapulted Nirvana to the world stardom, no one could imagine that its cover would be one of the most controversial in the history of rock, nor that decades later would be at the center of one of the longest and most convoluted legal disputes around a photograph.In it appears a naked baby, submerged in the water of a swimming pool trying to take a dollar bill held with a hook. And …
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