"Now, Judge Fernando M. Olguin has dismissed the lawsuit on the grounds that it does not meet the definition of pornography. "Nudity must be coupled with other circumstances that make the visual depiction lascivious or sexually provocative," the judge wrote, quoting an earlier ruling. Olguin compared the image to "a family photo of a nude child bathing," adding, "Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct.""
"He also noted that Elden had sold autographed memorabilia and promoted himself as the "Nirvana baby" over the years, undermining his claim of having suffered "serious damages." Elden appeared on the album cover because his father, Rick, was friends with the cover photographer Kirk Weddle, whom Elden named in the original lawsuit alongside Nirvana and the labels behind Nevermind. Despite his apparent discomfort later, Elden recreated the image multiple times over the years and has the word "Nevermind" tattooed on his chest."
Spencer Elden, the infant who appears on Nirvana's Nevermind album cover, sued claiming the image constituted child pornography. The lawsuit was filed in 2021 and was initially dismissed as time-barred, but a federal appeals court revived parts of the case in 2023. Judge Fernando M. Olguin dismissed the revived suit, ruling the image does not meet the legal definition of pornography and quoting that nudity must be accompanied by lascivious or sexually provocative circumstances. The judge compared the cover to a family bathing photo and noted Elden's sales of autographed memorabilia and self-promotion undermined asserted damages. Elden's father knew the photographer, and Elden later recreated the image and tattooed "Nevermind" on his chest.
Read at Pitchfork
Unable to calculate read time
Collection
[
|
...
]