Judge dismisses lawsuit over naked baby on Nirvana album cover
MoPOP's Nirvana exhibit closing after 14 years
After 14 years of grunge spirit, “Nirvana: Taking Punk to the Masses" will close to make way for future exhibits that will highlight additional musicians and music scenes from the Pacific Northwest.
The man who was the baby pictured on the cover of Nirvana's 1991 album "Nevermind" has lost his legal case against the grunge rock group.
What we know:
FOX 11 reported that U.S. District Judge Fernando Olguin on Tuesday dismissed the lawsuit filed by Spencer Elden, who is now in his 30s, over the naked baby image on the cover.
Elden, the man who was the baby pictured, claimed he suffered "permanent harm" and alleged the image of him underwater in a swimming pool, appearing to grab for a dollar bill, violated federal laws on child sexual abuse material.
Olguin granted the defendants' motion for summary judgment, finding that based on the photo's creation, intended purpose and subsequent use, "the album cover is not child pornography."
The judge wrote in his order that without sexual intent, the image was "most analogous to a family photo of a nude child bathing" and was "plainly insufficient to support a finding of lasciviousness." The judge also noted that Elden’s claims were difficult to reconcile with his actions, which included reenacting the photo, selling autographed posters, getting the album's name tattooed on his chest and referring to himself as the "Nirvana Baby."
The district court first tossed the action three years ago on the grounds that it was barred by the 10-year statute of limitations. However, a panel of the 9th U.S. Circuit Court of Appeals later reversed the decision, ruling that each republication of the cover photo could constitute a new personal injury, allowing the suit to proceed, according to FOX 11.
The Source: Information in this story came from the Associated Press, FOX 11 Los Angeles and the New York Times.
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