The individual who was photographed as a infant on the cover of the band's iconic album Nevermind has failed in his efforts to sue the band for circulating child pornography.
At just four months old Spencer Elden was pictured floating unclothed underwater on the 1991 album's famous artwork.
He sued the rock band and photo artist the image creator, but a judge has ruled that "not the positioning, main subject, environment, or general circumstances suggest the record artwork features inappropriate sexual content"
A lawyer for Nirvana stated: "We are pleased the court has ended this meritless case and freed our creative defendants of the stigma of unfounded claims"
The plaintiff originally filed a legal complaint in 2021, arguing that his identity and name were "permanently linked to the commercial misuse he underwent as a minor which has been distributed and marketed worldwide"
Federal Judge Fernando Olguin threw out it in 2022 because Mr Elden filed it past the decade-long deadline for initiating a legal action.
A higher court reversed that ruling, allowing the plaintiff to refile the case.
Nevertheless, Judge Olguin has now decided that, aside from the reality Mr Elden was unclothed, nothing came "near to placing the photograph within the ambit of the child pornography statute"
He likened the picture to a family photo of a youngster bathing, and stated it is "clearly inadequate to uphold a finding" of exploitative content.
"Being unclothed must be coupled with additional factors that render the visual depiction sexually suggestive or sexually provocative", Judge Olguin wrote, citing from an earlier ruling.
The judge also mentioned factors including the presence of the subject's parents at the session, the reality the photographer was a acquaintance, and the fact he had in the past "accepted and profited from being featured on the record artwork"
Mr Elden's legal team expressed they "respectfully disagree" with the outcome and plan to appeal.
"Whenever the media sector prioritizes profits over youth protection, consent, and respect, we will persist in our pursuit for awareness and responsibility", said their legal representative of the Marsh Law Firm.
Related Court Developments
- Nirvana Successfully Defend Lawsuit Regarding 1991 Record Cover
- Nirvana Sued by the Baby from Their Album Cover
