The Nevermind “Nirvana Baby” album artwork lawsuit has been thrown out AGAIN
On 1991, when he was six months old, the parents of Spencer Eldon brought him to a photoshoot organized by photographer Kirk Weddle. Spencer and a bunch of babies were throw into a pool. Spencer’s picture was chosen and that’s how he ended up on the cover of Nirvana’s Nevermind album.
As he grew older, Spencer dined out on the fact that it was his picture on the cover of the universe’s seminal grunge album. He seemed to be really proud of his fame and not minding that his dingus was on display. He made public appearances and even had “Nevermind” tattooed across his chest.
But then a few years ago, he had a change of heart. He hired a team of lawyers who crafted a lawsuit saying that he’d been exploited as a baby and that his picture on the cover was, in fact, child porn. As a result, Spencer said, he allegedly suffered psychological and reputational harm.
Thirty-four years after the release of Nevermind, litigation started. The first case was present in 2021. It was thrown out by a judge in 2022. Spencer’s legal team regrouped and re-filed a claim in 2023.
That case has also been thrown out. I quote Judge Fernando Olguin: “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.”
Has this matter been settled once and for all? We’ll see.
