The man who was photographed as a baby on the cover of Nirvana's classic album Nevermind has failed in his attempts to sue the band for distributing child pornography. A four-month-old Spencer Elden was pictured swimming naked underwater on the 1991 LP's famous cover.
He sued the rock band and photographer Kirk Weddle, but a judge has ruled that neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct.
A lawyer for Nirvana said: We are delighted the court has ended this meritless case and freed our creative clients of the stigma of false allegations.
Mr. Elden initially filed a lawsuit in 2021, expressing that his identity was inextricably linked to the alleged exploitation he faced as a minor due to the widely distributed image. US District Judge Fernando Olguin had dismissed the case the first time in 2022 since it was filed after the statute of limitations had expired. However, an appeals court later allowed him to refile the case.
Yet, after reviewing the circumstances surrounding the image, Judge Olguin concluded that it lacked the necessary elements to classify it under child pornography statutes, likening it to a benign family photo. He noted that features such as the presence of Elden's parents during the photoshoot and his past acceptance of appearing on the cover argued against the claim.
Mr. Elden's legal team expressed their intention to appeal, asserting that they aim to raise awareness regarding childhood privacy and consent in the entertainment industry.
He sued the rock band and photographer Kirk Weddle, but a judge has ruled that neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct.
A lawyer for Nirvana said: We are delighted the court has ended this meritless case and freed our creative clients of the stigma of false allegations.
Mr. Elden initially filed a lawsuit in 2021, expressing that his identity was inextricably linked to the alleged exploitation he faced as a minor due to the widely distributed image. US District Judge Fernando Olguin had dismissed the case the first time in 2022 since it was filed after the statute of limitations had expired. However, an appeals court later allowed him to refile the case.
Yet, after reviewing the circumstances surrounding the image, Judge Olguin concluded that it lacked the necessary elements to classify it under child pornography statutes, likening it to a benign family photo. He noted that features such as the presence of Elden's parents during the photoshoot and his past acceptance of appearing on the cover argued against the claim.
Mr. Elden's legal team expressed their intention to appeal, asserting that they aim to raise awareness regarding childhood privacy and consent in the entertainment industry.
