That 'Nevermind' Baby Lawsuit Has Been Dismissed

Last August, Spencer Elden, aka the baby on the album cover of Nirvana's classic breakthrough album Nevermind, drew the ire of many music fans for suing Nirvana over the use of his image. Now, several months later, his case has been dismissed.

A judge in California has dismissed a lawsuit against Nirvana made by Spencer Elden, who appeared as a naked baby on the cover of their album Nevermind.https://t.co/3ioR7disjr

— BBC Radio 6 Music (@BBC6Music) January 4, 2022

Elden's suit alleged that Nirvana had intentionally distributed Elden's "child pornography" (the baby Elden is naked on the cover) and "leveraged the shocking nature of his image to promote themselves and their music at his expense." Elden's parents, allegedly, never signed a release for the use of his image, though they were paid $200 at the time.

In December, Nirvana's legal team fired back that Elden had made a habit out of celebrating the album cover, and gamely recreated it numerous times to celebrate several anniversaries of the record's release. They filed a motion to dismiss the case, alleging that the claim that Elden's photo was "child pornography" was "on its face, not serious."

No one:

Spencer Elden: recreates album cover 5 times over his life and THEN sues the band. pic.twitter.com/uNL10XbHcY

— ɴᴏ ᴄᴜᴛs ɴᴏ ʙᴜᴛs ɴᴏ ᴄᴏᴄᴏɴᴜᴛs (@damn_elle420) August 28, 2021

"A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography) makes that clear," the motion stated.

Elden's legal team had until December 30th to respond to the motion, which they missed. They now have until January 13th to refile the lawsuit. Judge Fernando M. Olguin said the ruling to dismiss the case and extend Elden's deadline will "grant defendants’ Motion and give plaintiff one last opportunity to amend his complaint."

Court documents obtained by Spin reveal that should Elden refile, Nirvana's legal team will have until January 27th to respond.