The lawsuit over Nirvana's "Nevermind" album cover has been brought to an end.
In 2021, Spencer Elden, the baby on the "Nevermind" cover, sued Nirvana and Kurt Cobain's estate, claiming they "knowingly produced, possessed and advertised commercial child pornography." This lawsuit was dismissed more than once, but Elden persevered in his intention, and the latest reversal of the court's decision happened in 2023.
According to a new report by Billboard, the lawsuit was dismissed on Tuesday, September 30, by federal judge Fernando M. Olguin. The judge ruled that the cover was "not child pornography" and that it doesn't meet the definition of the term under federal law:
"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]."
Nirvana attorney Bert H. Deixler stated for Billboard:
"We are delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations."
Elden's attorneys haven't yet commented on the ruling, but it's known that there's a possibility for them to appeal the ruling again.
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