US District Judge Fernando Olguin dismissed the lawsuit filed by Spencer Elden. Elden claimed that the image featured on Nirvana’s 1991 breakthrough album Nevermind amounted to sexual exploitation and violated child protection laws. His argument focused on how the image had followed him throughout his life and caused ongoing harm.
The cover, which shows a four-month-old Elden swimming naked underwater toward a dollar bill hooked on a fishing line, became one of the most recognizable and talked-about images in rock history. Despite the controversy, the photo has remained an enduring symbol of the 1990s grunge era and is often referenced as one of the most iconic album covers ever made.
However, Judge Olguin ruled on Tuesday, September 30, that the image did not meet the federal legal definition of child pornography. He stated that no reasonable jury could interpret the album cover in that way, rejecting Elden’s argument that the artwork qualified as explicit material.
“Other than the fact that plaintiff was nude on the album cover,” Olguin explained that nothing about the image “comes close to bringing the image within the ambit of the child pornography statute”. His decision effectively closed the door on Elden’s efforts to pursue damages based on that interpretation of the photo.
The defendants named in the lawsuit included Nirvana’s surviving members Dave Grohl and Krist Novoselic, along with Kurt Cobain’s widow Courtney Love and the album’s photographer Kirk Weddle. Each had maintained that the cover was an innocent and artistic representation that had no exploitative intent.
The first version of Elden’s lawsuit was dismissed in 2022 when Judge Olguin ruled that his claims were time-barred, meaning they were filed too late under the statute of limitations. However, the 9th Circuit Court of Appeals revived the case in 2023, allowing Elden another opportunity to present his arguments before the recent ruling brought it to an end once more.
Released in 1991, Nevermind included era-defining songs such as Smells Like Teen Spirit and sold over 30 million copies worldwide. The album not only launched Nirvana into international fame but also reshaped the sound of mainstream rock music, leaving an impact that continues to influence artists decades later.
Elden, who has recreated the famous photo several times as an adult, has consistently claimed that being featured on the cover left him feeling used and embarrassed. Despite the outcome of the lawsuits, his story continues to spark conversations about consent, art, and the boundaries of creative expression.
