Lawsuit Over Nirvana's Nevermind Album Cover Dismissed for the Final Time

In a long-running legal battle, a lawsuit over Nirvana's Nevermind album cover has been dismissed again. On September 30, 2025, U.S. District Judge Fernando Olguin ruled that the 1991 album cover does not constitute child pornography as a matter of law.

The lawsuit was filed by plaintiff Spencer Elden, who was the baby featured on the album cover as a four-month-old. Elden had claimed that the continued use of the image caused him "serious injury" and amounted to child sexual exploitation. However, the judge pointed out that Elden's parents were present at the photoshoot and that Elden has "embraced and financially benefited from being featured on the album cover" for many years.

Ultimately, the judge determined that the image is "unequivocally non-sexual" and does not fall under the child pornography statute. The dismissal marks the end of a legal battle that has spanned several years, with the judge stating that it would be "futile" to give Elden another opportunity to file an amended complaint.