US EditionLawsuit over Nirvana album art featuring naked baby thrown out for a second time
The lawsuit spanned over four years and multiple rulings, with the judge ruling the image lacks the sexually explicit elements required to qualify as child pornography.
- A federal judge dismissed a lawsuit by Spencer Elden, claiming that the album cover of Nirvana's 'Nevermind' was child pornography, explaining that it does not meet legal definitions for such images.
- Judge Fernando M. Olguin ruled that the album cover image does not depict sexually explicit conduct and is akin to a family photo of a nude child bathing.
- The judge stated that Elden's actions over the years, such as selling memorabilia and endorsing the image, contradict his claims of serious damages.
- Nirvana's attorney, Bert H. Deixler, expressed satisfaction with the verdict, stating it ends a 'meritless case' and lifts false allegations from the band.
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Nirvana's 'Nevermind' Album Cover Child Porn Lawsuit Dismissed Again
Spencer Elden, who was depicted on the album's cover, claimed that the album's cover photo brought him "lifelong damages"DGC Records 'Nevermind' by NirvanaNEED TO KNOWThe lawsuit against Nirvana, alleging that their Nevermind album cover is child pornograph,y has been dismissed againThe 1991 album cover depicts Spencer Elden, when he was four months old, naked in a poolA judge likened the picture to a family photo of a "nude child bathing"A laws…
The album, which has sold over 30 million copies, depicts Spencer Elden as a naked baby, swimming toward a dollar bill. He considers it child pornography. The judge on Thursday compared the image to a family photo of a child bathing.
Federal Court Shuts Down "Nirvana Baby" Lawsuit (Again) - Legal Reader
The photograph of plaintiff Spencer Elden, taken when he was about four months old, was used as cover-art for Nirvana’s second album, “Nevermind.” In his lawsuit, Elden, who was nude in the picture, claimed that the imagery was tantamount to child pornography.
Judge disagreed with Spencer Elden, who appears on Nirvana's 'Nevermind' album, that the image was sexual.
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