JUDGE DISMISSES LAWSUIT OVER NAKED BABY ON NIRVANA’S NEVERMIND

STORY: DERRICK BRYSON TAYLOR / NYT

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A federal judge dismissed a lawsuit brought by a man who claimed that, as the naked baby featured on the cover ofthe rock band Nirvana's 1991 album, he had been the victim of child sexual abuse imagery.

The photograph, taken when the man, Spencer Elden, was 4months old, became synonymous with Nirvana's seminal second album, “Nevermind.”

Judge Fernando Olguin of the US District Court for the Central District of California ruled Tuesday that the album cover did not meet the criteria for child sex abuse imagery.

“Neither the pose, focal point, setting nor overall context suggest the album cover features sexually explicit conduct,’ Olguin wrote. He added that beyond the fact that Elden was naked on the album cover, nothing came “close to bringing the image within the ambit of the child pornography statute,’ likening the photo to a family snapshot ofa child bathing.

Olguin also wrote that it was difficult to reconcile Elden’s actions with his claim that the image was child sex abuse imagery.