Nirvana call ‘Nevermind’ cover lawsuit “not serious,” seek dismissal

Gaia Writer

Nirvana have issued a formal response to the lawsuit filed by Spencer Elden, the now 30-year-old famously pictured as a baby on the cover of Nevermind, who claimed that the image was child pornography and child sexual exploitation. Billboard reports that Nirvana call the case "not serious" and seek its dismissal.

"Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious," the band write. "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."

They point out that Elden has "re-enacted the photograph in exchange for a fee" and "used the connection to try to pick up women," saying, "Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby.'"

They also cite the statute of limitations on federal child pornography laws, 10 years from when the victim "reasonably discovers" the offense, and say that it's expired in this case, because Elden was fully aware of the cover image before August of 2011.

"The Nevermind cover photograph was taken in 1991," they write. "It was world-famous by no later than 1992. Long before 2011, as Elden has pled, Elden knew about the photograph, and knew that he (and not someone else) was the baby in the photograph. He has been fully aware of the facts of both the supposed ‘violation’ and ‘injury’ for decades."