On Tuesday (September 30), a judge dismissed Spencer Elden’s lawsuit against Nirvana over the nude image of him as a baby on the cover of the band’s groundbreaking 1991 album, Nevermind, ruling that the photo does not constitute child pornography. Judge Fernando M. Olguin stated that the image resembles a non-explicit family photo and lacks any lascivious or sexually provocative elements, while also noting that Elden has routinely profited from the image. “Plaintiff has, for many years, embraced and financially benefited from being featured on the album cover,” stated Olguin. “Plaintiff’s actions relating to the album over time are difficult to square with his contentions that the album cover constitutes child pornography and that he sustained serious damages as a result.” This marks the judge’s second dismissal of Elden’s claim, which was initially thrown out for statute of limitations issues but reinstated on appeal. Although the case appears resolved, Elden’s attorneys may still appeal the decision. (Consequence of Sound)
