The lawsuit was filed by Spencer Elden, the man who was photographed as a naked baby swimming towards a dollar bill on a fish hook for the 1991 album cover. Elden sought damages, arguing that the image constituted child sexual exploitation under 18 U.S.C. § 2255.
In a decisive ruling, U.S. District Judge Fernando Olguin rejected Elden’s core claim. The judge found that the image—which Elden’s legal team argued was “sexually provocative” does not meet the statutory definition of child pornography. The ruling centered on the determination that the photograph does not depict “sexually explicit conduct” as defined by federal law.
The decision brings a likely end to a highly publicized legal battle that began in 2021 against the band’s surviving members (Dave Grohl and Krist Novoselic) and the estate of the late Kurt Cobain. The case had been previously revived by a federal appeals court on procedural grounds related to the statute of limitations, but the latest ruling addresses the fundamental merit of the claim, concluding that the artwork is protected and lawful.
The Nevermind album cover is one of the most recognizable and successful album sleeves in rock history, having sold over 30 million copies worldwide.
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