Nirvana wins 'Nevermind' Album Cover Lawsuit

SAN FRANCISCO — Spencer Elden, who was pictured as a baby on the cover of the iconic Nirvana album “Nevermind” has lost his lawsuit accusing the band of child pornography, CBS 5 reported.

Elden, now 31, filed the lawsuit in U.S. District Court for the Central District of California in 2021, alleging that appearing naked as a 4-month-old infant on the cover of the 1991 album, which sold more than 30 million copies, caused him emotional distress and lost-earning capacity as an adult, CBS 5 said.

Former band members Krist Novoselic, Chad Channing, David Grohl and Robert Fisher; the estate of Kurt Cobain; his widow Courtney Love and others were being sued by Elden for $150,000 each.

According to CBS 5, Elden's lawsuit claimed the musicians “commercially marketed Spencer's child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense.”

United States district Judge Fernando M. Olguin ruled Friday, Sept. 2, that Elden had waited too long to file the lawsuit given that he had learned about the album cover more than 10 years ago.

Nirvana's attorneys' motion to dismiss argued Elden had spent three decades profiting from his depiction on the album cover.

According to CBS 5, Nirvana’s attorneys claim Elden had “reenacted the photograph in exchange for a fee, many times.” Elden, they said also had the album title 'Nevermind' tattooed across his chest and had appeared on a talk show wearing a self parodying, nude-colored onesie.

“He has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women,” they said.

Read more at CBS 5.