‘Nirvana Baby’ Spencer Elden’s ‘Nevermind’ Suit Dismissed Again: ‘The Album Cover Is Not Child Pornography’

Photo Credit: Jurian Kersten

After over four years of litigation – and 34 years following the release of Nirvana’s Nevermind – a federal judge has again dismissed the child pornography complaint filed by Spencer Elden, who appeared on the famed album’s cover as a baby.

As some will recall, this is only the most recent dismissal for the suit, which Elden levied back in 2021. According to the legal text, defendants including Nirvana’s namesake company, photographer Kirk Weddle, and Universal Music “knowingly produced, possessed, and advertised commercial child pornography” in the form of the Nevermind cover photo.

Long story short, Elden allegedly suffered psychological and reputational harm as a result – purportedly entitling him to a sizable pile of damages. (Regarding how the iconic photo came to be, the plaintiff is the son of Weddle’s friend Rick Elden, a non-party who reportedly accepted $200 for the shoot and later received a platinum version of Nevermind.)

Unsurprisingly, said defendants vehemently denied the central child pornography allegation and criticized the “ludicrous” case itself, which was tossed in 2022. But Elden doubled down, and an appellate court revived the action towards 2023’s conclusion.

Now, Judge Fernando Olguin has officially granted the defendants’ summary judgment motion and again tossed the suit with prejudice.

After explaining the ruling with a point-by-point breakdown – exploring, among many other things, the intent behind the photo and the presence of Elden’s parents at the shoot – Judge Olguin concluded “that the album cover is not child pornography.”

Furthermore, the court also emphasized that Elden had “embraced and financially benefitted from being featured on the album cover.” These actions – Elden’s getting a Nevermind tattoo on his chest, referring to himself as the “Nirvana Baby,” and more – have fueled public criticism of the complaint over the years.

“Plaintiff also tattooed the album’s name across his chest,” the judge proceeded, “and even sent a thank-you postcard depicting a hand-drawn illustration of the album cover to Weddle. Plaintiff’s actions relating to the album over time are difficult to square with his contentions that the album cover constitutes child pornography and that he sustained serious damages as a result of the album cover.”

Besides finalizing the new dismissal, Judge Olguin in a separate order rejected a motion to intervene from one Timothy Fredrickson.

As we reported four years ago, that individual – who, per a 2024 appeals court order, was found guilty in 2020 “of sexually exploiting a minor” and was sentenced to 200 months behind bars – sought clarity about the legal ramifications of possessing digital copies of the album cover.

“Under the circumstances,” Judge Olguin penned when denying the motion, “the court is persuaded that his interests are adequately represented by defendants. Fredrickson and defendants share the same ‘ultimate objective’ in the action – ensuring that the album cover is not considered child pornography – and thus the ‘presumption of adequacy of representation’ applies.”

Link to the source article – https://www.digitalmusicnews.com/2025/10/01/spencer-elden-nevermind-lawsuit-tossed/