Nirvana's 'Nevermind' Album Cover Lawsuit Finally Dismissed
The long-running legal battle between Spencer Elden and the parties involved in the creation of Nirvana's iconic album cover for 'Nevermind' has reached its conclusion. The U.S. District Court in California has dismissed Elden's lawsuit for the second and final time, upholding the court's previous decision that the album cover does not constitute child pornography.
Elden, who famously appeared as a baby on the cover of the 1991 album, initially filed a lawsuit in 2021 seeking millions of dollars in damages. He argued that the image of him as a naked infant reaching for a dollar bill on a fish hook could be interpreted as a reference to a sex worker. However, Judge Fernando M. Olguin rejected this argument, stating that the image is protected under the First Amendment as a work of art.
Elden's legal team attempted to revive the case, claiming that each republication of the cover photo could constitute a new personal injury, not barred by the 10-year statute of limitations. However, the court maintained its stance, dismissing the lawsuit in 2023 after a renewed examination. Elden's previous attempt to refile the lawsuit in 2022 was also dismissed by a Los Angeles judge for being filed too late.
The dismissal of Elden's lawsuit brings an end to a lengthy legal dispute that has sparked debate and controversy since its inception. The album cover, which has become an iconic symbol of the grunge era, will continue to be displayed in institutions such as the Museum of Modern Art and referenced in popular culture. Elden, who has since recreated the famous image for the album's 25th anniversary and had the title tattooed on his chest, has not yet commented on the final dismissal of his lawsuit.
