The man who was photographed as a baby on the cover of Nirvana's classic album Nevermind has failed in his attempts to sue the band for distributing child pornography. A four-month-old Spencer Elden was pictured swimming naked underwater on the 1991 LP's famous cover. He sued the rock band and photographer Kirk Weddle, but a judge has ruled that 'neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct.' A lawyer for Nirvana stated, 'We are delighted the court has ended this meritless case and freed our creative clients of the stigma of false allegations.' In his original lawsuit filed in 2021, Elden argued that his identity and name were 'forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide.' US District Judge Fernando Olguin had previously dismissed the case in 2022 due to a late filing. However, following an appeals court ruling allowing Elden to refile, Judge Olguin ultimately determined that the image did not meet the criteria for child pornography, likening it to a childhood bathing photo. The presence of Elden's parents during the shoot and his past endorsements of the album cover were also cited. Elden's legal team has expressed their intent to appeal, emphasizing the ongoing importance of addressing childhood privacy and consent in the entertainment industry.