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Nirvana wins dismissal of 'child pornography' lawsuit brought by the man pictured as a naked baby on 'Nevermind' cover

Sep 4, 2022, 17:43 IST
Business Insider
Spencer Elden was told he had waited too long to sue Nirvana over the cover of "Nevermind".Samir Hussein/Getty Images
  • Nirvana won a lawsuit brought by the man featured as a baby on the cover of "Nevermind".
  • A judge told Spencer Elden he waited too long after learning about the cover to take legal action.
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Nirvana has won the dismissal of a lawsuit brought by the man whose image as a four-month-old baby featured on the cover of its 1991 album "Nevermind", court documents show.

US District Judge Fernando Olguin ruled Spencer Elden had taken too long to file a claim against the Nirvana, having waited more than 10 years to take action after learning of the cover that he claimed amounted to "child pornography".

Elden sued Nirvana band members Dave Grohl, Krist Novoselic, the late lead singer Kurt Cobain's widow Courtney Love, photographer Kirk Weddle, and record labels including Universal in August last year.

At the time, his lawyer said: "Spencer's true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day."

Elden said his parents never signed a release for his image to be used on the cover, and he had never received compensation for the image. Elden's father, Rick, told NPR in 2008 that the shoot lasted 15 seconds and they made $200.

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Elden also said the cover had caused him a "loss of enjoyment of life", in addition to reducing his earning capacity and causing emotional distress.

The lawsuit was first dismissed in January when he failed to submit his opposition to Nirvana's request to dismiss the case in adequate time. He was then offered the opportunity to make an amended complaint.

On this occasion, though, Judge Olguin said it would be "futile" to offer an opportunity for a fourth, as the lawsuit could feasibly go on indefinitely.

"We are pleased that this meritless case has been brought to a speedy final conclusion," Bert Deixler, a lawyer for the defendants, told Reuters.

Nevermind propelled Nirvana to global fame in 1991 and sold at least 20 million copies. It also gave Elden several opportunities for publicity before he filed his claim.

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In a 2003 interview with Rolling Stone, Elden said he was "probably gonna get some money" from the lawsuit, while he also recreated the image as an adult on several occasions.

But in a 2016 interview with GQ Australia, Elden said: "I've been going through it my whole life. But recently I've been thinking, 'What if I wasn't OK with my freaking penis being shown to everybody?'
I didn't really have a choice."

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