Nirvana Prevails in Second Dismissal of ‘Nevermind‘ Album Cover Lawsuit
Los Angeles, CA – A federal judge has dismissed for a second time a lawsuit alleging Nirvana exploited a child through the iconic cover art of their 1991 album, Nevermind. U.S. District Judge Fernando Olguin ruled Tuesday that the image of Spencer Elden, depicted as a naked infant swimming underwater, does not qualify as child pornography.
The lawsuit, originally filed in 2021 by Elden, now 34, accused the band – including surviving members dave Grohl and Krist Novoselic, late singer Kurt Cobain‘s widow Courtney Love, and photographer Kirk weddle – of sexual exploitation and causing him continuing personal harm. The image, captured by Weddle at the Pasadena Aquatic Center in California, shows Elden swimming towards a dollar bill on a fishhook.
Judge Olguin stated that aside from Elden’s nudity on the album cover, “nothing…comes close to bringing the image within the ambit of the child pornography statute.” He further compared the photograph to “a family photo of a nude child bathing.”
This is the second time Olguin has dismissed the case. A previous dismissal in 2022 centered on statute of limitations issues, without addressing the core allegations. Though, the 9th Circuit Court of Appeals reversed that decision in 2023, prompting the current ruling.
Nirvana’s attorney, Bert Deixler, expressed satisfaction with the outcome, stating they where “delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations.” Attorneys for Elden have not yet responded to requests for comment.
The Nevermind album, released in September 1991, became a defining record of the grunge era and propelled Nirvana to international fame. the album cover has remained a subject of discussion and controversy for decades.
