Rock Band Album Artwork Case Rejected as Baby Model Fails to Win Legal Battle
The man who was photographed as a baby on the cover of Nirvana's classic album Nevermind has failed in his efforts to sue the band for distributing exploitative imagery.
At just four months old the now-adult man was photographed swimming naked underwater on the 1991 LP's famous artwork.
He sued the rock band and photo artist the image creator, but a judge has determined that "neither the pose, focal point, environment, or general circumstances suggest the record artwork features sexually explicit conduct"
Legal counsel for the defendants stated: "We are pleased the judge has ended this baseless case and cleared our artistic clients of the stigma of unfounded claims"
Mr Elden originally filed a lawsuit in recent years, arguing that his identity and reputation were "forever tied to the commercial sexual exploitation he experienced as a child which has been circulated and marketed globally"
US District Judge the presiding judge threw out it in 2022 because the claimant filed it after the decade-long deadline for filing a civil case.
An appeals court overturned that decision, permitting Mr Elden to resubmit the lawsuit.
Nevertheless, the court has now decided that, aside from the reality the subject was unclothed, nothing came "close to bringing the photograph within the ambit of the child pornography statute"
He likened the picture to a personal snapshot of a youngster in the bath, and said it is "plainly insufficient to support a finding" of exploitative content.
"Being unclothed must be combined with other circumstances that render the visual depiction lascivious or arousing", Judge Olguin noted, quoting from an previous decision.
He also cited considerations including the presence of Mr Elden's parents at the session, the fact the camera operator was a friend, and the fact he had previously "accepted and financially benefitted from appearing on the album cover"
Mr Elden's attorneys said they "courteously dissent" with the outcome and intend to appeal.
"As long as the media sector prioritizes earnings over youth protection, permission, and respect, we will persist in our pursuit for understanding and responsibility", stated their legal representative of the Marsh Law Firm.
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