Nirvana Wins Lawsuit Filed by Nevermind Cover Baby

Nirvana has won a lawsuit filed by Spencer Elden, the man who appeared naked as a baby on the cover of the band’s iconic Nevermind album. On Friday, a judge in California dismissed Elden’s child pornography lawsuit on the grounds that Elden had not filed suit during the 10-year statute of limitations (via EW). The same judge, Judge Fernando M. Olguin of the Central District Court in California, had previously dismissed the case due to Elden’s legal team having missed a deadline, though at that time Olguin gave Elden an opportunity to refile, which his legal team did in January of this year.

“In short, because it is undisputed that [Elden] did not file his complaint within 10 years after he discovered a violation… the court concludes that his claim is untimely,” Olguin wrote in an eight-page ruling.

Elden had sued Nirvana, Kurt Cobain’s estate, photographer Kurt Weddle and others, asking for $150,000 in damages from each defendant, back in August 2021 alleging that they “knowingly produced, possessed, and advertised commercial child pornography” as well as that they “failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation.” However, in a previous motion to dismiss, Nirvana’s lawyers cited that Elden had frequently and willingly associated himself with the famous Nevermind album cover. Their motion noted that Elden has recreated the album cover for money, has had the album titled tattooed on his chest, has sold autographed copies of the cover, and other claims. The motion at that time also argued that the statute of limitations for Elden’s claims had expired.

Olguin’s ruling this time around is the final verdict in the case, with the judge noting that Elden had been given an opportunity to explain the issue regarding the statute of limitations but had failed to do so.

“Because plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint.”

While this is Olguin’s final ruling in the case, lawyers for Elden told Rolling Stone that he intends to appeal, citing concerns that the ruling does not line up with Masha’s Law, a federal civil remedy that provides statutory damages of $150,000 for each violation of federal criminal child pornography.

“Spencer intends to appeal this ruling. This ruling’s interpretation of the statute of limitations on Masha’s Law contravenes over fifteen years of well-settled precedent and the legislature’s intended purpose of the law,” Margaret Mabie, Elden’s lawyer, said. “Under the reading of the law, child pornography remedies vaporize once the victim in the contraband image turns 28 years old. Under this logic, any child photography producer — such as Masha Allen’s original abuser — could simply wait out the clock and then re-distribute abusive material with impunity.”