A California judge has dismissed the lawsuit brought against NIRVANA by Spencer Elden – the baby who appears on the cover of the band’s iconic “Nevermind” album.
Elden had cited NIRVANA as well as Kurt Cobain’s widow Courtney Love, photographer Kirk Weddle, designer Robert Fisher and various record labels in his lawsuit, alleging that the band “knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so,” and that “the Defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking.”
The suit also alleged that, “Defendants used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention, wherein album covers posed children in a sexually provocative manner to gain notoriety, drive sales, and garner media attention, and critical reviews.”
In a ruling made on January 3, Judge Fernando M. Olguin rejected the lawsuit “with leave to amend”, giving Elden’s legal team until January 13 to file an appeal.
Elden was seeking $150,000, for “lifelong damages” from the album cover artwork while NIRVANA’s legal team noted that Spencer had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby'” before filing the action.