Federal court permanently dismisses Nirvana’s ‘Nevermind’ album cover lawsuit

A federal judge on Tuesday dismissed with prejudice Spencer Elden’s lawsuit over Nirvana’s “Nevermind” album, on which he appeared as the child on the cover.

U.S. District Judge Fernando M. Olguin closed the case, which was initially filed in 2021, accusing the Seattle rock band Nirvana, various labels, and other individuals of violating federal child-pornography laws, according to KIRO 7.

In the single-page judgment, Elden’s claims have been dismissed, and he is barred from refiling the suit in federal court.

Nirvana’s ‘Nevermind’ album cover lawsuit dismissed

The complaint from Elden alleged that Nirvana and their team knowingly produced and commercially exploited a nude photograph of Elden as a 4-month-old child, which was then used for the cover of its 1991 album, “Nevermind.”

Elden’s complaint also alleged that the record labels and Kurt Cobain’s estate — the former lead singer, songwriter, and guitarist of the band — continued to benefit from the image.

Elden sought damages of at least $150,000 per defendant in the case, attorneys’ fees, and punitive damages, among others, according to KIRO 7.

The filing argued that the “Nevermind” cover was a “lascivious exhibition,” informally known as a sex crime that includes the intentional exposure of a person or child’s genitals in the presence of a minor.

Furthermore, Elden claimed that Nirvana violated federal sex-trafficking statutes and numerous California privacy and negligence theories.

Elden’s case was dismissed with prejudice, meaning his case cannot be brought again in the same court.

Follow Jason Sutich on X. Send news tips here.