Nirvana defeats child sexual abuse image lawsuit from Nevermind cover baby

He claims it represents child sexual abuse

Elden, who was photographed as a baby and whose picture was used for Nirvana's breakthrough album Nevermind, has been accusing the grunge rock band of dispensing child sexual abuse images by using a photograph of him as a baby, swimming naked, on the cover.

US District Judge Fernando Olguin discarded the lawsuit filed by Elden for a second time after ruling that no reasonable jury would consider the picture pornographic.

Olguin said: "Other than the fact that plaintiff was nude on the album cover, nothing comes close to bringing the image within the ambit of the child pornography statute," per The Guardian.

Nirvana's attorney Bert Deixler said they were "delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations."

However, Elden's attorneys did not immediately respond to a request for comment on Wednesday.

The defendants include surviving Nirvana members Dave Grohl and Krist Novoselic, late lead singer Kurt Cobain’s widow Courtney Love and photographer Kirk Weddle.

The lawsuit originates from Nirvana's use of a photo taken by Weddle at the Pasadena Aquatic Centre in California, which shows Elden swimming naked towards a dollar bill on a fishhook.

Elden (34) first sued Nirvana and its label Universal Music Group in 2021, accusing them of sexually exploiting him and causing him continuing personal harm.

Olguin first dismissed the case in 2022 after finding Elden's claims were time-barred, along with a lack of addressing the substance of his allegations. The 9th Circuit reversed that decision in 2023.

On Tuesday, Olguin determined the image could not be considered child pornography, comparing it to a "family photo of a nude child bathing," per The Guardian.