Nirvana's Nevermind Album Cover Controversy Resurrected
A federal court reopens a lawsuit by a man featured as a naked infant on Nirvana's iconic Nevermind album cover Discover the case's details and what lies ahead
An appeals court has reinstated a lawsuit filed by the man who was photographed as a naked baby for the cover of Nirvana's 1991 album, "Nevermind." The 9th Circuit Court of Appeals overturned a previous ruling that Spencer Elden did not file his complaint within the 10-year statute of limitations. The court stated that each republication of the album cover may be considered a new personal injury, allowing Elden's complaint to proceed since it alleged republication of the cover within the ten years preceding his action and was not barred by the statute of limitations.
What the case is about
The iconic image from "Nevermind," featuring a four-month-old Elden submerged underwater, gazing at a dollar bill, has cemented its place as a lasting symbol in rock music.
An image of the album cover for Nirvana's "Nevermind."
From DGC Records
In his original complaint, filed August 24, 2021, Eldens attorneys said the image was pornographic and that he has suffered "lifelong damages" as a result of his involvement.
Now in his thirties, Elden listed the remaining band members, the executor of lead singer Kurt Cobain's estate, and several record labels as defendants in the lawsuit. The lawsuit claimed that Elden was sexualized because the image of the naked baby reaching for the dollar bill made him appear to be "a sex worker."
Elden has revisited the image several times as an adult, but he has also expressed feelings of discomfort about the album cover's fame. In 2007, he expressed to the UK Sunday Times that he found it "creepy" that so many people had seen him naked, saying that he felt like "the world's biggest porn star." The following year, he told CNN that he was frequently invited to events as the "Nirvana baby."
Whats next
The lawsuit claimed that Elden "has and will continue to endure physical and emotional harm as a result of the Defendants' possession, transportation, reproduction, advertisement, promotion, presentation, distribution, provision, and acquisition of child pornography depicting him."
The lawsuit filed by Elden will now be remanded to a lower court. In order to proceed, he will need to establish that the image on the Nevermind album cover qualifies as child pornography, a point that Nirvana's attorneys have contested and the appellate court has clarified was not the determining factor in their recent decision. In a footnote, the court stated, "The question of whether the Nevermind album cover meets the definition of child pornography is not the subject of this appeal."
Bert Deixler, an attorney for Nirvana, called the ruling a "procedural setback" in a statement to Billboard.
"We will defend this meritless case with vigor and expect to prevail," Deixler said.
CNN has reached out to representatives for Nirvana for comment.
An attorney for Elden said he was "pleased" by the ruling.
"Spencer is delighted with the ruling and is eager to have his day in court," stated Robert Lewis, the attorney for Elden, to CNN. "This ruling holds significant importance for all victims of child pornography."
Nevermind
"Nevermind," released in September 1991, and its lead single "Smells Like Teen Spirit" played a significant role in popularizing grunge music. The album's content and artwork were praised as iconic rock works. However, three years after its release, the band's frontman, Kurt Cobain, tragically died by suicide in Seattle, leading to the disbandment of the remaining members.
In 2008, Elden told CNN that there were rumors that Cobain originally wanted to depict a mother giving birth underwater, but the compromise was to have a baby swimming underwater. "Nevermind" reached No. 1 on the Billboard 200 in January 1992 and spent 554 weeks on the chart, selling more than 30 million copies.
