Thirty years after the release of Nirvana’s breakthrough album, Nevermind, the baby who graced the iconic cover art decided to sue the band’s surviving members, the estate of Kurt Cobain, and others for child pornography. In 2021, Spencer Elden, the man who in 1991 was the baby on the cover of Nevermind, argued that Nirvana broke federal child pornography laws and claimed that the band sexually exploited the now 31-year old as a child. Now a federal judge in Los Angeles has dismissed the claim, citing that the statute of limitations has passed.
US District Judge Fernando Olguin of Los Angeles wrote that because Elden knew about the album covers more than ten years ago, he had waited far too long to file his lawsuit. According to the New York Times, Elden was, “…Seeking $150,000 from each of the 15 people and companies named in the complaint.” Elden’s parents were paid $200 in 1991 for his participation in the cover shoot which led to the infamous photo by photographer Kirk Weddle.
The lawsuit was flimsy to begin with. In speaking about it last year, Dave Grohl noted that Elden has a tattoo of the album cover on his body. “Listen, he’s got a Nevermind tattoo. I don’t,” Grohl told Vulture. In January of this year, Elden — who alleged “lifelong damages” in his complaint — ameneded his original filing which included claims of “sex trafficking” by the band. This came after Elden and his lawyers missed a deadline to respond to Nirvana estate’s request to have the case dismissed. Elden was allowed to file a new complaint, but Judge Olguin cited this as well in his decision to dismiss the case. With today’s ruling, Elden is no longer able to file another lawsuit, so this can now be considered case closed.
