Photo Credit: Kirk Weddle
The Most Ridiculous Music Lawsuit in Years Has Just Been Dismissed
Spencer Elden, the person that graced the iconic Nevermind album cover as a baby in 1991, sued Nirvana LLC with claims that the band trafficked his image that was considered child pornography.
In August 2021, Spencer Elden, the person that graced the iconic Nevermind album cover as a baby in 1991, sued Nirvana LLC with claims that the band trafficked his image with nudity that was considered child pornography. Elden filed the lawsuit one month before the 30th anniversary of Nevermind.
According to SPIN, surviving members of Nirvana punched back, claiming that Elden "had spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby.'” On Monday, U.S. District Court in Central California Judge Fernando M. Olguin agreed with Nirvana's motion, dismissing the case “with leave to amend.”
Elden had until December 30th to file an opposition to Nirvana's estate request, but his team missed the deadline. The 'Nirvana Baby' was then given until January 13 to refile a second complaint, which the court said "“grant defendants’ Motion and give plaintiff one last opportunity to amend his complaint.” Once the second deadline is missed, Elden's team won't have the chance to refile. If they make the deadline, Nirvana LLC has until January 27th to reply to the suit, although the estate has made their position clear in the initial filing.
"“Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious,” the Nirvana estate said. “A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography) makes that clear.”
According to The New York Times, Elden has celebrated his appearance on the Nevermind cover by recreating his pose for the album's 10th, 17th, 20th and 25th anniversaries.