Nirvana have prevailed (again) in the legal battle over the cover of Nevermind , with a judge dismissing a lawsuit brought by Spencer Elden , who claimed the naked photo of him as a baby violated child pornography laws.
In a ruling issued earlier this week, Judge Fernando M. Olguin said that the iconic photo of Elden swimming after a dollar bill on a fishing hook did not fall within the scope of what is legally defined as child pornography. He instead compared it to “a family photo of a nude child bathing,” adding that the image was “plainly insufficient to support a finding of lasciviousness.”
Elden, who was four-months-old at the time he appeared on the Nevermind cover, filed his lawsuit in 2021, when he was 30. The suit was actually dismissed in 2022 after Olguin ruled