In August 2021, Spencer Elden, now 31, filed a legal lawsuit against the iconic grunge-rock band Nirvana for defaming him as a minor. You see, Elden was the baby on the cover of Nirvana's one of the most popular albums "Nevermind", appearing as a naked baby inside a swimming pool. Now, the "Nevermind" baby has lost the lawsuit and has been directed not to file further lawsuits against the band, its members, and the record labels involved. Read on to know everything about it!
Spencer Elden was the baby who appeared on the iconic album cover of Nirvana's "Nevermind" studio album, which included some of the band's legendary songs like "In Bloom", "Come As You Are", "Lithium", and of course, "Smells Like Teen Spirit." In August, last year, Elden sued Nirvana members Krist Novoselic, Dave Grohl, late Kurt Cobain's wife Courtney Love, photographer Kirk Weddle, and some major recording labels.
Spencer's claim was that the involved parties violated the federal child-pornography statutes by imaging him naked as a four-month-old baby and using that as the face of a globally-popular album. The claimant's lawyer, at the time of the lawsuit filing, said that their client's "true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day."
Furthermore, Spencer said that his parents did not sign any contract, stating that the image could be used on the cover of "Nevermind", and that he has never received any compensation for it. Although, Elden did recreate the iconic cover several times as an adult (with clothes on, of course) and also has "Nevermind" tattooed on his chest!
Back in 2008, Spencer's father, Rick told in an interview that Kirk Weddle, the photographer who took the image, was his friend and the photoshoot lasted 15 seconds. Following the shoot, Weddle compensated Elden's father with $200.
Now, US District Judge Fernando Olguin has ruled that Spencer Elden has taken too long to file a claim against Nirvana and its members. The court said that Elden is too late to claim that he has been exploited, and as a result, dismissed the case. Had Spencer won the case, he was to receive $150,000 for the damages.
Previously, Elden had filed three versions of the suit. However, Judge Fernando Olguin's latest judgment will prevent the "Nevermind" baby to file any more lawsuits against the involved parties, going forward, as it can go on indefinitely. Nonetheless, according to reports, Elden's lawyers have said that they will file for an appeal.