Spencer Elden

Spencer Elden, who was pictured as a baby on the cover of “Nevermind,” argued in his lawsuit that the grunge rock group had engaged in “child pornography.”

Mr. In their motion to dismiss, lawyers for Nirvana said that in 2003, when Mr. Weddle paid Mr. Initially, he appeared to celebrate his part in the classic cover, recreating the moment for the album’s 10th, Elden’s opinion about the photo changed. Elden’s lawyers had missed a deadline to respond to a motion for dismissal by the lawyers for Nirvana. [was picked from among dozens of pictures of babies by the photographer Kirk Weddle](https://milanote.com/the-work/the-designer-of-nirvanas-nevermind-album-cover). Deixler, a lawyer for the defendants, said in a statement that they were “pleased this meritless case has been brought to a swift conclusion.” The lawsuit was filed in the U.S. Stories like this are possible because of our deep commitment to original reporting, produced by a global staff of over 1,700 journalists who have all dedicated themselves to helping you understand the world. District Court for the Central District of California against the estate of Kurt Cobain; the musician’s former bandmates, David Grohl and Krist Novoselic; and Mr. Olguin, wrote in his eight-page ruling that because Mr.

Lawsuit from Spencer Elden who graced the cover of the band's 1991 landmark album "Nevermind" was tossed out by a federal judge.

In a 2003 interview with Rolling Stone, a 12-year-old Elden predicted he would probably “get some money from” his contribution to the album, which went triple diamond and revamped the face of popular rock music on the strength of the smash hit “Smells Like Teen Spirit.” [and recreated](https://nypost.com/2016/09/23/nirvana-baby-recreates-iconic-album-cover-25-years-later/) the famous picture in 2016 to pay homage to the seminal record on its 25th anniversary. [had argued](https://nypost.com/2021/08/25/nevermind-cover-baby-spencer-eldon-sues-nirvana-over-child-pornography/) that the shot of him in the nude swimming towards a dollar bill on a fish hook amounted to child porn.

Spencer Elden's lawsuit against Nirvana claiming the 'Nevermind' art was child pornography was dismissed due to statute of limitations.

But as recently as 2016, he [recreated](https://www.spin.com/2016/09/nevermind-baby-album-cover-25th-anniversary/) the pose and album art in a photoshoot. [filed a lawsuit](https://www.spin.com/2021/08/nirvana-sued-by-nevermind-baby-for-child-pornography/) against [Nirvana](https://www.spin.com/tag/nirvana), the case has been dismissed. Elden is barred from [re-filing the lawsuit](https://www.spin.com/2022/01/nirvana-child-pornography-lawsuit/); however, he will have the opportunity to appeal if he so decides.

A judge has thrown out the lawsuit filed by the person who appeared naked on the cover of Nevermind as a baby, citing the statute of limitations.

Elden [first filed suit against Nirvana in 2021](https://www.vulture.com/2022/01/the-nirvana-baby-claims-nevermind-art-is-porn-sues-nirvana.html#:~:text=The%20Nirvana%20Baby's%20Nevermind%20Porn%20Lawsuit%20Lives%20On,-By%20Rebecca%20Alter&text=Spencer%20Elden%2C%20who%20appeared%20naked,to%20a%20motion%20in%20time.) for child sexual exploitation. [lawsuit from the person who appeared naked](https://www.vulture.com/2022/01/the-nirvana-baby-claims-nevermind-art-is-porn-sues-nirvana.html#:~:text=The%20Nirvana%20Baby's%20Nevermind%20Porn%20Lawsuit%20Lives%20On,-By%20Rebecca%20Alter&text=Spencer%20Elden%2C%20who%20appeared%20naked,to%20a%20motion%20in%20time.) on the cover of Nirvana’s Nevermind as a baby. A Los Angeles judge has thrown out the

Eight-page ruling also prevents Spencer Elden, 31, from filing another lawsuit against the band.

The cover image shows Elden, who was four months old at the time, in a swimming pool reaching for a dollar bill with his genitals exposed. [Terms of use,](https://www.independent.co.uk/service/user-policies-a6184151.html) [Cookie policy](https://www.independent.co.uk/service/cookie-policy-a6184186.html) and [Privacy notice.](https://www.independent.co.uk/service/privacy-policy-a6184181.html) Under this logic, any child pornography producer – such as Masha Allen’s original abuser – could simply wait out the clock and then re-distribute abusive material with impunity. [Privacy policy](https://policies.google.com/privacy?hl=en) and [Terms of service](https://policies.google.com/terms?hl=en) apply. [which was made in December](https://www.independent.co.uk/arts-entertainment/music/news/nirvana-baby-nevermind-cover-lawsuit-b1981906.html). [earlier dismissed by a California judge ](https://www.independent.co.uk/arts-entertainment/music/news/nirvana-nevermind-baby-lawsuit-b1986442.html)“with leave to amend” in January 2022. [claimed that he was the victim of “child sexual exploitation”](https://www.independent.co.uk/arts-entertainment/music/news/nirvana-baby-nevermind-spencer-elden-b1908573.html) and that the iconic cover art was a child sexual abuse image that had been “knowingly produced, possessed and advertised” by the band. [Sign up](https://amzn.to/32gdyhr) [The New York Times](http://go.redirectingat.com/?id=44681X1458326&url=https%3A%2F%2Fwww.nytimes.com%2F2022%2F09%2F04%2Farts%2Fmusic%2Fnirvana-nevermind-baby-lawsuit.html&sref=https://www.independent.co.uk/arts-entertainment/music/news/nirvana-nevermind-spencer-elden-lawsuit-b2159745.html).

The court says Spencer Elden, now 31, waited for too long to claim that the legendary grunge band sexually exploited him.

For the unversed, the album cover of ‘Nevermind’ is among the most recognized album covers in the world. Elden in 1991 received a platinum copy of the album ‘Nevermind’ along with a teddy bear by Geffen Records. The man, [Spencer Elden](https://meaww.com/nirvana-kurt-cobain-estate-lawsuit-nevermind-album-cover-baby-spencer-elden-child-porn-abuse), had sued the surviving members of the band over child sexual exploitation. The photo was taken by Weddle in 1991 at the Pasadena Aquatic Center in California. Elden had filed three versions of the suit and the judge dismissing the same prevented him from filing a fourth one. The lawsuit named several record labels including drummer Dave Grohl, bassist Krist Novoselic, [Kurt Cobain’s](https://meaww.com/la-late-nirvana-singer-and-courtney-love-daughter-frances-bean-celebrates-her-30th-birthday) estate, and photographer Kirk Weddle.

Spencer Elden, age 31, claimed in his legal papers that the shot of him swimming towards a dollar bill on a fish hook amounted to child porn. US District Judge ...

His family received $200 to place hin the Pasadena Aquatic Center pool for the iconic shot. But he claimed trauma from the image’s widespread circulation. He said Elden had waited far too long to take legal action against several record labels and the band’s drummer Dave Grohl, bassist Krist Novoselic, guitarist Kurt Cobain’s estate and photographer Kirk Weddle.

A man whose photograph as a naked baby was featured on a Nirvana album cover has lost his claim that its use amounted to sexual abuse.

However, US district judge Fernando Olguin ruled that Elden waited too long and that his claim was well beyond the ten-year statute of limitations. The defence had argued that Elden had enjoyed being the “ Spencer Elden said he was unable to ever consent to the photo being taken

A man, who was featured on the front cover of Nirvana's iconic Nevermind album as a baby, has had his lawsuit against the Seattle band dismissed by a judge.

[ BBC, the lawyers](https://www.bbc.co.uk/news/entertainment-arts-62789436) were reported as saying: "he has re-enacted the photograph in exchange for a fee, many times; he has had the album title... tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-coloured onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women." A man, who was featured on the front cover of Nirvana’s iconic Nevermind album as a baby, has had his lawsuit against the Seattle band dismissed by a judge.

A US judge has dismissed Spencer Elden's claim that an image of him as a naked baby on the 1991 album constituted child sexual abuse.

[In 2015, he told the Guardian](https://www.theguardian.com/artanddesign/2015/jan/16/thats-me-picture-spencer-elden-nirvana-nevermind): “It is a weird thing to get my head around, being part of such a culturally iconic image. Elden also has a tattoo of the word Nevermind on his chest. But it’s always been a positive thing and opened doors for me. The defendants had previously argued that Elden had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’”, including recreating the image for the album’s 15th and 25th anniversaries. The suit was [Nirvana](https://www.theguardian.com/music/2021/aug/25/baby-on-nevermind-cover-sues-nirvana-over-child-sexual-exploitation)’s 1991 album Nevermind as a baby, has lost his lawsuit [claiming that the image constituted child sexual abuse](https://www.theguardian.com/music/2021/aug/25/baby-on-nevermind-cover-sues-nirvana-over-child-sexual-exploitation).