Spencer Elden loses legal case over baby photo on album cover

The man who was filmed as a child failed on the cover of the classic Nirvana album in his attempts to sue the band to distribute children’s pornography.

The four -month -old Spencer Elden was filmed while swimming underwater naked on the famous LP cover 1991.

He sued the rock music band and photographer Kirk Widel, but the judge stipulated that “the central point, preparation or context in general does not constitute that the album’s cover is characterized by explicit behavior.”

Nirvana’s lawyer said: “We are pleased that the court has ended this indisputable case, and our creative clients have been released from the stigma of shame from the wrong allegations.”

Mr. Elden originally filed a lawsuit in 2021, on the pretext that his identity and his name are “linked forever to the commercial sexual exploitation that he witnessed as a minor who was distributed and sold all over the world.”

The American boycott judge, Fernando Olgouen, refused in 2022 because Mr. Elden presented it after a 10 -year -old to bring a civil case.

The Court of Appeal canceled this decision, allowing Mr. Ellen to re -create the case.

However, Judge Olgwin now spent that, along with the fact that Mr. Elden was naked, nothing came close to bringing the image within the scope of the children’s pornography law. “

The image likened a family in a bathing child, and said it was “unclear to support the discovery” of children’s pornography.

“The nudity must be associated with other circumstances that make visual imaging a failure or sexual provocative,” Judge Olgouen wrote, quoting a previous ruling.

The judge also cited factors, including the presence of my parents, Mr. Elden, to take pictures, the fact that the photographer was a friend, and the fact that he had “embraced him and benefited financially from the album’s cover.”

Mr. Elden Legal Team Rolling Stone said They “differ with respect” with the decision and plan to appeal.

“As long as the entertainment industry gives priority to profits on childhood privacy, approval and dignity, we will continue our endeavor to awareness and accountability,” said James R. Marsh of Marsh Law Company.