“Nirvana Baby” Spencer Elden
Appeals court allows lawsuit against “Nevermind” cover
The legendary Nirvana album “Nevermind” sold over 30 million copies.
© Samir Hussein/Getty Images
Actually, the case seemed to be over long ago. Now the court case over the baby photo on the cover of a Nirvana album is continuing.
In September 2022, the court dispute over the baby photo on the cover of the cult album “Nevermind” by the band Nirvana (1987-1994) seemed to be finally put to rest. A district court in Los Angeles decided to dismiss the child pornography lawsuit filed by Spencer Elden, the now 32-year-old “Nirvana Baby.” The reason given at the time was that he had waited too long to file a lawsuit and any possible claims had therefore lapsed. According to a report in Billboard magazine, a federal appeals court has now decided that his lawsuit is legal and the trial must continue.
Millions of times naked on Nirvana covers
Spencer Elden appeared on the cover of Nirvana’s “Nevermind” album in 1991, which has sold more than 30 million copies to date and is considered one of the most influential albums in music history. In the underwater photo he is seen as a baby in a swimming pool next to a fishing hook with a dollar bill attached. Thanks to the iconic image, Elden later became a well-known personality himself, which initially didn’t seem to bother him.
Rather, in 2001 and 2016, as part of the work’s 10th and 25th anniversaries, he had himself photographed again in a similar position in a pool, this time not naked, but wearing swimming trunks. He also appeared with some pride as the “Nirvana baby” on talk shows and, on occasion, signed the “Nevermind” cover with his name.
Lawsuit against pool photo for the 30th “Nevermind” anniversary
Thirty years after the photo session in the swimming pool, Spencer Elden unexpectedly filed a lawsuit against the band in August 2021. The image on the cover is child pornography and violates US laws due to sexual exploitation. The million-fold reproduction of the picture showing his penis caused him “permanent damage,” and each republication represented a “new personal injury.”
After some legal back and forth, a district court in Los Angeles ultimately threw out Elden’s lawsuit on the grounds that he had waited too long. After all, he knew about the possible violation of the law for more than ten years without taking legal action. This meant that any possible claims against the band were forfeited.
With the decision of the appeal court yesterday to allow Elden’s lawsuit, the drama surrounding the infamous “Nevermind” cover is now entering the next round and could potentially cause great difficulties for the remaining Nirvana musicians and the former management.