Judge dismisses Elden's Nevermind suit over child imagery

A federal judge on Tuesday again dismissed a lawsuit by Spencer Elden, the man photographed as an infant on the cover of Nirvana’s 1991 album Nevermind, concluding the image does not meet the legal definition of illegal child imagery. The ruling by U.S. District Judge Fernando M. Olguin in Los Angeles closed Elden’s most recent attempt to hold the band, the photographer and others civilly liable for child sexual exploitation related to the album artwork.

Elden sued in 2021, alleging the photograph of him at four months old swimming toward a dollar bill with his genitals exposed amounted to illegal child imagery and that his legal guardians did not authorize the image’s commercial use. His complaint said the appearance on the cover caused him long‑term emotional distress with physical manifestations. Defendants in the suit included surviving Nirvana members Dave Grohl and Krist Novoselic, photographer Kirk Weddle, the estate of Kurt Cobain and several record companies.

Judge Olguin’s opinion addressed whether the image was “lascivious” under the factors set out by the U.S. Supreme Court in United States v. Dost, which guide courts in distinguishing ordinary depictions from...