Judge: Nirvana’s Famous Album Cover Isn’t Porn
The album cover for a box set edition of "Nevermind." (AP Photo/Geffen)
Nirvana can finally relax when it comes to their iconic Nevermind album cover. A federal judge has dismissed a lawsuit filed by Spencer Elden, now 34, who was the naked baby featured on the 1991 cover, ruling that the image does not qualify as child pornography, Billboard reports.
Elden claimed the famous photo—showing him as an infant reaching for a dollar bill on a fishhook—was a “lascivious” display that violated federal law. But Judge Fernando M. Olguin disagreed, stating that “neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct.” He compared it to a typical family photo and said it falls well outside the legal definition of illegality. Nirvana’s legal team described the case as “meritless.”
The lawsuit was revived in 2023 after an appeals court overturned its initial dismissal, which had been due to Elden missing the 10-year statute of limitations for civil cases, according to the BBC. However, this latest ruling went further, with the judge noting that Elden has publicly embraced his status as the “Nirvana baby,” re-creating the iconic pose, signing memorabilia, and promoting his association with the image—actions inconsistent with claims of lifelong harm.
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