A judge has once again dismissed the suit made by Spencer Elden, the baby on the cover of Nirvana’s Nevermind album, against Universal Music Group, the estate of Kurt Cobain, the surviving members of Nirvana, the photographer of the album cover Kirk Weddle and many others. This time the suit has been dismissed with prejudice.
Elden filed the complaint back in August 2021, stating that the defendants had “knowingly produced, processed and advertised commercial child pornography” with the album cover. Elden has further stated that he has suffered permanent harm as a result of his appearance on the cover which includes a lifelong loss of income earning capacity. He also submitted an amended action emphasising Kurt Cobain’s alleged role in selecting the Nevermind cover.
Universal Music Group has fired back saying:
“Elden has spent three decades profiting from his celebrity as the self-
anointed ‘Nirvana Baby.’ He has reenacted the photograph in exchange for a fee, many times; he has had the album title ‘Nevermind’ tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women.”
The judge has once again dismissed the complaint from Spencer Elden, this time with prejudice. Elden is yet to comment on the cases dismissal.
