‘Nevermind’ cover baby’s lawsuit against Nirvana again dismissed

The lawsuit filed by Nevermind cover baby Spencer Elden against Nirvana has once again been dismissed.

As previously reported, Elden first sued Nirvana in 2021, alleging that the Nevermind cover artwork constitutes child pornography. The now-iconic cover of the 1991 hit album features a photo of Elden at 4 months old, swimming naked in a pool while reaching for a dollar bill on a fishhook.

The suit has been dismissed multiple times, which Elden has responded to by filing amended complaints and appeals. In ruling on the case once more in a filing Tuesday, U.S. District Judge Fernando M. Olguin maintained that it be dismissed with prejudice.

“Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct,” Olguin writes in the ruling, obtained by ABC Audio.

Olguin also points to Elden having “embraced and financially benefitted from being featured on the album cover” for years before filing the suit, including “being paid to reenact the photo, selling autographed album-related posters and memorabilia, participating in interviews about the album cover, and even referring to himself as the ‘Nirvana baby.'”

“Plaintiff’s actions relating to the album over time are difficult to square with his contentions that the album cover constitutes child pornography and that he sustained serious damages as a result of the album cover,” the ruling reads. “In short, the foregoing factors are relevant considerations in the overall context of the photo’s creation, intended purpose, and subsequent use, and further support the court’s finding that the album cover does not constitute child pornography.”