Nirvana Files Motion To Dismiss Nevermind Album Cover Lawsuit

On December 22 Nirvana filed motion to dismiss Spencer Elden’s lawsuit stating that the 30 year old man has been profiting from his fame as the “Nirvana Baby”. Nirvana’s team also argued that the photo itself does not constitute as child pornography since it is not “lascivious or sexually provocative.”. Elden claims that on top of the lifelong trauma he has had to endure, his father alleges he never agreed to the final photograph and negotiated to have his son’s genitalia covered by a sticker on the final album cover. However, this compromise was later broken by Nirvana’s late frontman Kurt Cobain. Elden also alleges that his father allegedly only received $200 for the photograph and that his guardians allegedly never signed a release authorizing the use of the image. However, Nirvana’s team states that Elden has in fact spent the last three decades glamorizing and profiting off his status as the “Nirvana Baby”, a term he adopted himself. The motion later states that Elden also has tattoo of the album title across his chest, has made talk show appearances, and even has autographed copies of the cover art up for sale on eBay. Nirvana’s team also adds that due to the statue of limitations, the claim of alleged sex trafficking cannot be sustained. Elden is seeking at least $150,000 in damages from each defendant, but amended the lawsuit in November to remove previous defendants and to provide further evidence including some of Kurt Cobain’s journal entries. Elden is also hoping to have the cover art changed in new releases and reissues of the album. Former Nirvana drummer David Grohl has stated that he has “many ideas” when it comes to altering the cover, but claims that “there’s much more to look forward to and much more to life than getting bogged down in those kinds of things.”