NEVERMIND

Naked Baby Loses Lawsuit Against Nirvana

Spencer Elden claimed the use of his photo for the iconic cover amounted to “child sexual abuse imagery.”

Nirvana won its lawsuit against the naked baby featured on the cover of the band’s Nevermind album cover on Wednesday, following a four-year legal battle, according to The New York Times. Spencer Elden, now in his 30s, claimed the album cover made him a “victim of child sexual abuse imagery” by featuring him naked as a four-month-old. A judge declared Wednesday, however, that the image was no more provocative than a family photo of a child bathing. “Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct,” Judge Fernando M. Olguin wrote in the ruling, declaring it did not meet the standard of “child pornography” as the plaintiff had attested. Elden’s parents received $200 for their baby’s image at the time. Elden had previously considered being the “Nirvana baby” a badge of honor, the courts noted, and had even benefited financially. Prior to his lawsuit, Elden sold autographed memorabilia with the cover on it, took payment to reenact the image, and even tattooed the album’s name on his chest.