Nirvana Wins Dismissal of ”Nevermind” Album Cover Lawsuit – Again
los Angeles, CA – A U.S. judge has dismissed for a second time the lawsuit brought by Spencer Elden, the man who as an infant appeared nude on the cover of Nirvana’s iconic 1991 album, Nevermind. The ruling, delivered by Judge Fernando Olguin, effectively ends Elden’s legal challenge against the band and related parties.
Elden, now an adult, alleged the photograph constituted child pornography and caused him lifelong harm. However, Judge Olguin found no sufficient evidence to support the claim that the image was lewd, sexually provocative, or otherwise met the legal definition of child pornography, particularly given the presence of Elden’s parents during the photoshoot and the photographer’s established relationship with the family.
The case has a complex history. Elden initially filed suit in 2021, but it was dismissed the following year due to the expiration of the statute of limitations for filing civil claims – a 10-year window. That dismissal was later overturned on appeal, allowing Elden to refile the lawsuit.
The suit named as defendants not only former Nirvana members Dave Grohl and Krist Novoselic, but also the estate of kurt Cobain, who died by suicide in 1994, and his widow, courtney Love. Elden argued the image represented childhood sexual abuse.
Judge Olguin’s decision underscores the legal challenges in applying contemporary standards to images created decades ago, and the difficulty of proving harm in cases involving artistic expression. The Nevermind album cover remains one of the most recognizable and debated images in music history.
