Spencer Elden , better known as "Baby Nirvana ," has once again lost his lawsuit against the band, alleging sexual exploitation and the production of child pornography. He claims to be a victim of child sexual exploitation after starring on the cover of the album Nevermind (1991) at four months old.
Judge Fernando M. Olguin ruled last Wednesday, the 1st, that the image used on the cover of the hit 1991 album "is not child pornography." According to Billboard , the judge said:
“Neither the pose, the focal point, the setting, nor the overall context suggest that the album cover depicts sexually explicit conduct. This image—an image that closely resembles a family photo of a naked child bathing—is clearly insufficient to substantiate a conviction for child pornography.”
The judge also pointed out that Elden, now 30, profited from the album cover by referring to himself as the "baby of Nirvana" and giving autographs:
“The author, for many years, embraced and financially benefited from his appearance on the album cover. The author’s actions regarding the album over time are difficult to reconcile with his claims that the album cover constitutes child pornography and that he suffered serious harm as a result,” the judge added.
Spencer Elden filed a lawsuit against Nirvana in 2021. At the time the images were taken, Elden was only four months old and accuses Nirvana of sexual exploitation and production of child pornography, since he could not consent to the photo shoot done exclusively for Nevermind .
Judge Fernando M. Olguin dismissed the case in September 2022 , after months in court, despite Elden's several attempts to add evidence to the case, including citing passages from Kurt Cobain . Months later, Spencer Elden appealed the dismissal, and on his third attempt, lost the case, with no further appeals possible.
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