The cause against the Nirvana is closed for the cover of “Nevermind”

The endless cause against i Nirvana understood by Spencer Eldenthe naked child immortalized on the 1991 album cover “Nevermind” (Read the review here), was rejected by a judge, who established that the image “is not a child pornographic”.

According to what reported by Billboard, the judge Fernando M. Olguinin a sentence issued yesterday, he wrote: “Neither the installation, nor the focal point, nor the setting, nor the general context suggest that the cover of the album shows sexually explicit behavior. This image, an image that is very similar to a family photo of a naked child who baths, is clearly insufficient to support an infantile pornography.”

It is not the first time that judge Olguin rejected the case, he had already done so in 2022 for the simple reason for violation of the prescription. However, that sentence It was canceled by a Court of Appeal in 2023restoring the cause of Elden. In support of his explanation for the rejection of the cause, this time Olguin observed: “Nudity must be associated with other circumstances that make visual representation lewd or sexually provocative”.

The judge also stressed that Elden, who is now 30 years old, took profit from the image by signing memorabilia and calling himself the “Nirvana child”. “For many years, the plaintiff welcomed and suddenly the financial benefit from being appeared on the cover of the album. The actions of the album relating to the album over time are difficult to reconcile with its statements that the album cover constitutes child pornography and which has undergone serious damage because of this”.

In its original cause, Spencer Elden He claimed that the image was childbirth and that his legal guardians had not formally consent to the use of his image on the album cover. Although it seems that the case can finally be defined as concluded, Billboard notes that Elden’s lawyers are authorized to appeal again against the sentence.