"Sometimes millions of people buying a picture of a naked baby is just art. Called " one of the most iconic album covers ever " by Indie Underground, Nirvana's second second album, "Nevermind," isn't actually all that complex. There's a body of water and what looks like a naked baby swimming toward a dollar on a fish hook. To many, the album looks like a reminder of their youth and when grunge killed glam metal."
"ruled against Spencer Elden and tossed the 2021 that case he filed over the picture taken when he was 4 months old, report the New York Times, Law360 and Reuters....Olguin disagreed after examining several factors. They included whether the focal point of the depiction is on the child's genitalia, whether the setting is sexually suggestive, whether the child is nude, and whether the depiction is intended to elicit a sexual response in the viewer."
"Of the listed factors, the judge said that the only one relevant to the photo was that the child was nude. I do wonder about the focal point prong though - would the cover have been as iconic if the baby was wearing a diaper? Either way, we finally have some closure on the question."
Nirvana's Nevermind album cover depicts a naked infant swimming toward a dollar on a fish hook. Spencer Elden, the photographed baby, filed a 2021 lawsuit alleging the image constituted child pornography. U.S. District Judge Fernando Olguin reviewed multiple legal factors including focal point, whether the setting was sexually suggestive, nudity, and intent to elicit a sexual response. The judge concluded that only nudity applied to the photograph and that the image did not qualify as child pornography under those factors. The court dismissed the suit, providing legal closure on the matter.
Read at Above the Law
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