Spencer Elden, the individual featured as a baby on the cover of Nirvana’s 1991 album Nevermind, has been unsuccessful in his lawsuit against the band and photographer Kirk Weddle, which claimed the album cover constituted the distribution of child pornography. Elden, who was four months old at the time of the photo, contended that his identity is inextricably linked to what he described as “commercial sexual exploitation” due to the album’s wide distribution.
In 2022, U.S. District Judge Fernando Olguin dismissed Elden’s original lawsuit, citing that it was filed beyond the statute of limitations. After an appeals court permitted him to refile, the case was once again reviewed by Judge Olguin. The judge ultimately determined that the image did not meet the legal definition of child pornography. He noted that “neither the pose, focal point, setting, nor overall context” of the cover suggested sexually explicit conduct. The judge likened the image to a typical family photo of a child bathing and stated that mere nudity must be accompanied by additional factors to be considered lascivious or sexually provocative.
In his ruling, Judge Olguin referenced various factors, including the presence of Elden’s parents during the photo shoot and his prior acceptance and financial gain from the album cover. Elden’s legal team has expressed their disagreement with the ruling and intends to appeal. They emphasize their advocacy for better protection of childhood privacy and consent within the entertainment industry, highlighting ongoing concerns about the industry’s handling of such issues.
Source: https://www.bbc.com/news/articles/cq8eplxd7yzo?at_medium=RSS&at_campaign=rss