Nirvana’s ‘Nevermind’ Baby Impeded From Going To Court With Band In Future

Following a long-drawn-out battle over the cover art for Nirvana’s famed Nevermind album, it seems the controversy has finally come to an end, with the court dismissing a lawsuit filed by the child in the iconic image.

Over a year ago, Spencer Elden—the baby seen floating in the album artwork—launched a complaint against the band for using his image, alleging it was child sexual exploitation. He had been just four months old when a friend of his father, photographer Kirk Weddle, paid US$200 to photograph the baby for the artwork.

Despite filing a lawsuit against Nirvana, Pitchfork noted that the now 31-year-old has recreated the image several times before, and even has the word “Nevermind” tattooed on his chest. Elden’s first suit was dismissed in 2021, though he re-filed the complaint again this January. 

According to The Guardian, US Judge Fernando Olguin dismissed the most recent filing with prejudice, citing that the 10-year statue of limitations on the matter had passed.

The plaintiff will no longer be able to launch another lawsuit, though he has said he intends to appeal the ruling. 

Nirvana’s defense lawyer backed the judge’s decision, expressing that he thought the case was “meritless,” especially when Elden “spent three decades profiting” from the fame that came with being the Nirvana Baby. 

[via Pitchfork and The Guardian, cover image via Grzegorz Czapski | Dreamstime.com]