The ‘Nevermind’ Baby Lawsuit Has Been Revived…Again

Author Erica Banas // Rock Music Reporter

December 22nd, 2023 12:40 PM

The lawsuit related to the cover of Nirvana’s 1991 album Nevermind has been revived once again.

According to TMZ, the U.S. Court of Appeals for the Ninth Circuit revived the lawsuit on Thursday (Dec. 21). The outlet notes, “The appeals court says the suit can go forward because Nirvana republished the album cover in 2021 when the band re-released “Nevermind” and held that each republication of the cover may constitute a new injury to Elden … clearing the way for Spencer to continue his lawsuit against the Seattle grunge band.”

When Did the Nevermind Baby Lawsuit Start?

To recap: The initial lawsuit was filed by Spencer Elden, the now 32-year-old man who appeared on the cover of Nevermind as a baby. As previously reported, Elden sued Nirvana and other parties (including Courtney Love) beginning in August 2021 on child pornography charges related to appearing on the cover naked.

The lawsuit stated, in part, “Defendants knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so…Despite this knowledge, Defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking.”

In December 2021, Nirvana’s legal team moved to dismiss the lawsuit citing a number of damming points against Elden’s claims including, “Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby.’ He has re-enacted the photograph in exchange for a fee, many times; he has had the album title ‘Nevermind’ tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women.” The lawsuit was dismissed in January 2022, with Elden refiling the lawsuit just days later.

What Was Thought To Be The End of the Lawsuit

In September 2022, Judge Fernando M. Olguin ruled that Elden’s case “was filed well past the statute of limitations for such cases.” Furthermore, “Federal child pornography laws have a 10-year time limit that starts from when a victim ‘reasonably discovers’ either the crime or the injury caused by it. Under either time limit, Judge Olguin said Elden had clearly filed his case too late.”

This leads to December 2022. Spin reported Elden and his legal team have a new filing with California’s Ninth Circuit Court of Appeals. They claim the statute of limitations doesn’t apply due to 2006’s Masha Law, “which allows child pornography victims to seek monetary damages into adulthood.”

Elden’s legal team issued a statement about the new filing where they say, in part, “Courts have repeatedly held that distribution of child pornography infringes a victim’s dignity interests no matter the victim’s age at the time of distribution … [Kurt] Cobain’s preoccupation with pornographic imagery started at a very early age. One of Cobain’s school classmates discovered him drawing pornography as a young child.” (The legal team also claims journal entries from the late Cobain “described his twisted vision for the ‘Nevermind’ album cover as a manifestation of his emotional and sexual disturbances.”

Additionally, Elden’s legal team claims the album cover ” … understandably causes him extreme ongoing psychic or emotional injury for which he is entitled to damages and an injunction. Although this remedy will not rid the world of his sexualized image, it will provide him the means to get mental health treatment and give him the benefit of knowing that the distribution and repeated violation of his privacy by Appellees will finally stop.”

44 Best Songs From 44 Days Of Musical Greatness In 1991

• 44. Metallica – “The God That Failed”

  Share

  The singles from ‘The Black Album’ (rightfully) get a lot of attention, but “The God That Failed” is one of the album’s best tracks. Many songs on this list were borne of pain; that’s certainly where Kurt Cobain, Axl Rose, Eddie Vedder and Chris Cornell wrote from. And this song is one of the most painful: it’s about James Hetfield’s mother's death. She died of cancer after refusing medical attention, believing that her faith would save her.

• 43. Red Hot Chili Peppers – “Naked In The Rain”

  Share

  Of course, not every song on this list is angst-ridden; in “Naked In The Rain,” the Chili Peppers are simply annoyed at humanity (“Cold and mean, people give me the creeps!”) and decide to hang out in a jungle instead. They love animals so much, they want to communicate with them. As Anthony Kiedis asks in the song, “Dr. Doolittle, what’s your secret?”

• 42. Pearl Jam – “Why Go”

  Share

  How tough was it to make this list? So tough that one of Stone Gossard’s best riffs on ‘Ten’ barely made the list (it’s worth noting that Jeff Ament wrote the music to this jam though). Like many of the songs on ‘Ten,’ though, it looks at dysfunctional families; the narrator laments the fate of a young girl who has been institutionalized: “It's been two years, and counting, since they put her in this place/She's been diagnosed by some stupid f---, and mommy agrees.”
• 41. Nirvana – “On A Plain”

  Share

  Nirvana’s music was always a great study in contrasts -- often going from quiet to loud (a la the Pixies, one of their huge influences). Here, Kurt Cobain’s ragged vocals run right up against the sweeter backing vocals by Dave Grohl (this song was one of the first things the drummer recorded with the band).

• 40. Soundgarden – “Searching With My Good Eye Closed”

  Share

  ‘Badmotorfinger’ was the band’s most psychedelic album, and this song is a good example of that. Drummer Matt Cameron said “‘Searching With My Good Eye Closed’ is one of Chris’ greatest songs, it has so much depth.” And the song translates well, too: Americana singer Brandi Carlile recently released a great cover of this one.

• 39. Nirvana – “Drain You”

  Share

  Kurt Cobain told Rolling Stone’s David Fricke that "Drain You" was one of his favorite compositions, saying that he thought it was as good, if not better, than "Smells Like Teen Spirit." “I never get tired of playing it," he said. "Maybe if it was as big as 'Teen Spirit,’ I wouldn’t like it as much.”
• 38. Pearl Jam – “Release”

  Share

  As we mentioned, a lot of the songs on this list were born of pain. But “Release” offers some catharsis. Eddie Vedder was still working through some issues from his past, while Stone Gossard and Jeff Ament were still dealing with the death of their former Mother Love Bone bandmate, Andrew Wood. But “Release” shines a light that possibly helped them get out of a dark place. It might do the same for you.

• 37. Nirvana – “Breed”

  Share

  Famously originally titled “Imodium,” after the anti-diarrhea medication, it’s one of the most aggressive songs on ‘Nevermind,” with Cobain vocals, Krist Novoselic’s fuzzy bass and Dave Grohl’s frantic drums all competing for your attention.

• 36. Guns N Roses – “Bad Obsession”

  Share

  Like the rest of the world, we’re stoked that Slash and Duff McKagan are back in Guns N Roses, but it’s a bummer that Izzy Stradlin’ isn’t part of the reunion. He brought a Stonesy, Aerosmith-y, Clash-y swagger that they’ve missed ever since he left. In fact, this song, which he co-wrote with West Arkeen (who also co-wrote “It’s So Easy” and a few other Guns jams) could have fit on an early ‘70s Stones or Aerosmith record.
• 35. Nirvana – “In Bloom”

  Share

  After hearing “Smells Like Teen Spirit,” music fans might have been forgiven for thinking that Nirvana might have been a one-hit wonder (especially if they hadn’t heard their classic debut, ‘Bleach.’). But for anyone who bought the CD (or LP or cassette), they only needed to hear a few seconds of “In Bloom” to realize that “Smells” wasn’t the only time lightning was striking for the band. And of course, the rest of the album is classic as well.

• 34. Red Hot Chili Peppers – “The Greeting Song”

  Share

  Anthony Kiedis doesn’t like this song, but he isn’t making this list. He didn’t like his good-time L.A. lyrics, but that’s not what’s great about the song. What’s great about the song is the funky as HELL jamming by Flea, John Frusciante and Chad Smith.

• 33. Nirvana – “Lounge Act”

  Share

  The title, apparently, comes from the fact that Kurt Cobain thought that Krist Novoselic’s opening bass line sounded like something a lounge act would play. That might be true, but ten seconds into the song, they start trashing the lounge. And hey, it’s a catchy bass line!
• 32. Pearl Jam – “Garden”

  Share

  “I don't question our existence,” Eddie Vedder sings here. “I just question our modern needs.” And later in the song, “I don't show, I don't share, I don't need, what you have to give…” set the tone for the decisions that Vedder and Pearl Jam would make over the next few years.

• 31. Guns N Roses “Knockin’ On Heaven’s Door”

  Share

  The definitive version of the Dylan classic, Guns had been performing it live for a few years before recording it for 1990’s ‘Days of Thunder’ soundtrack, before it came out on ‘Use Your Illusion II.’ Semantics aside, it features some of Axl Rose’s best singing and Slash’s sweetest leads.

• 30. Red Hot Chili Peppers – “I Could Have Lied”

  Share

  In the ‘80s the Red Hot Chili Peppers weren’t known for acoustic ballads or sensitive lyrics. But by the ‘90s, they were growing up (a bit) and producer Rick Rubin pushed them in directions they hadn’t previously considered. Anthony Kiedis has said that it was based on his experience of being dumped by Sinead O’Connor, although she denies that they were ever involved. Either way: amazing song.
• 29. Guns N Roses – “Live And Let Die”

  Share

  It was one of Paul McCartney’s most ambitious solo songs, and it was one of Guns N Roses’ most ambitious recordings as well. On McCartney’s version, the orchestra was conducted by former Beatles producer George Martin; on Guns’ version, Axl reproduced all of that on synthesizers, showing a huge artistic progression. GNR obviously loved ‘Appetite For Destruction,’ but they weren’t looking to repeat that album. Or at least Axl Rose didn't.

• 28. Nirvana – “Something In The Way”

  Share

  By the end of ‘Nevermind,’ Nirvana established that they were one of the noisiest bands on the planet. But they closed it with “Something In The Way” which showed how powerful they could be when they played quietly. (And of course, they followed it with the very noise “Endless, Nameless”).

• 27. Guns N Roses – “14 Years”

  Share

  Another great Izzy Stradlin’ moment: he co-wrote the song with Axl, and many fans speculated that it might have been about their friendship. The band have never confirmed that, but Izzy sang lead on the song. “It's been fourteen years of silence/It's been fourteen years of pain/It's been fourteen years that are gone forever/And I'll never have again.” They had known each other for fourteen years at that point, and Izzy quit the band right as the ‘Use Your Illusion’ albums were released.
• 26. Metallica – “Sad But True”

  Share

  The riff always reminded this writer of “Harvester Of Sorrow” from Metallica’s prior album, 1988’s ‘...and Justice For All.’ But there’s nothing wrong with that, both are among James Hetfield’s mightiest riffs.

• 25. Pearl Jam – “Jeremy”

  Share

  Pearl Jam were one of the most radio-ready bands out of Seattle - at least they were on ‘Ten,’ if not their subsequent albums - but they weren’t afraid to go to dark places. “Jeremy” was based on two stories of gun violence in schools -- one that Eddie Vedder read about, and the other that he experienced when a junior high school classmate shot up a classroom. It’s still chilling to listen to today.

• 24. Nirvana – “Lithium”

  Share

  Is the song pro- or anti-religion? The title references a drug used to treat bipolar disorder, suggesting that religion is like a drug (or a disorder). On the other hand, Cobain said in an interview that the song was inspired in part by his experience living with a friend and his born-again Christian parents. He later said in an interview, "I've always felt that some people should have religion in their lives ... That's fine. If it's going to save someone, it's okay. And the person in [the song] needed it.”
• 23. Pearl Jam – “Evenflow”

  Share

  Eddie Vedder writes a lot about his own experiences (“Alive”), but he’s also powerful when writing about others, as was the case here, where he wrote about a homeless Vietnam vet struggling with mental illness. Musically, it’s one of the band’s most powerful, pushed by one of Stone Gossard’s funkiest riffs and Mike McCready’s firey lead guitar playing, which he admitted was directly influenced by the late Stevie Ray Vaughan.

• 22. Soundgarden – “Room A Thousand Years Wide”

  Share

  One of the few Soundgarden classics that Chris Cornell didn’t write or co-write. Guitarist Kim Thayil wrote the lyrics, while drummer Matt Cameron wrote the music. It’s wild, it’s psychedelic, it’s scary and that’s before the bonkers-saxophone solo kicks in.

• 21. Guns N Roses – “Yesterdays”

  Share

  In which Axl looks back… not with anger, but not quite fondly, either. The music video shows footage of the ‘Use Your Illusion’ era touring band, including then-new guitarist Gilby Clarke, interspersed with photos of the “old” GNR, including former members Steven Adler and Izzy Stradlin’.
• 20. Metallica – “Nothing Else Matters”

  Share

  Metallica shocked fans on 1988’s ‘...and Justice For All’ with “One,” a song that started out like a ballad… and it even had a music video! (As hard as it is to believe now, Metallica were famously video-averse in their first few years.) But “One” was about a casualty of war, which still felt like Metallica territory. “Nothing Else Matters” was a straight up love ballad. It was a huge risk, and it surely pissed off a lot of metal purists. But really, it paid off: it’s a classic song that has been covered by artists from R&B (Macy Gray) and country (Chris Stapleton).

• 19. Pearl Jam – “Alive”

  Share

  “Alive” is intrinsically tied to Pearl Jam’s origin: Stone Gossard composed the music while he was still in Mother Love Bone. He, Jeff Ament and Mike McCready recorded a demo of the song, which found its way to Eddie Vedder. Vedder wrote lyrics that were partly fiction, but partly based on his experience of thinking that his stepfather was actually his father. It was the first single from the band’s debut album, and it took off relatively quickly. Within a year of the release of ‘Ten,’ they had shot an episode of ‘MTV Unplugged’ (which typically only worked with older acts), toured on Lollapalooza’s main stage, appeared in the film ‘Singles,’ and were on their way to stadium headlining status (and a hiatus from touring).

• 18. Guns N Roses – “Dust N’ Bones”

  Share

  Another song featuring Izzy Stradlin’ on lead vocals; he co-wrote the song with Slash and Duff. Axl contributes backing vocals and piano. It’s another of the band’s Stonesy-est moments but also has a touch of Aerosmith: Slash’s voice box recalls Joe Perry’s playing in “Sweet Emotion.”
• 17. Soundgarden – “Jesus Christ Pose”

  Share

  When ‘Badmotorfinger’ was released, Soundgarden’s members were not yet rock stars. Their earlier music was a bit too radical for primetime MTV and radio play (although Chris Cornell’s vocals on the Temple of the Dog album pointed towards his aptitude for more conventional tunes). “Jesus Christ Pose” mocked posturing rock band frontmen (including, allegedly, Axl Rose… who would later invite Soundgarden to open for Guns N Roses). Ironically, the song and album helped catapult Soundgarden to greater fame, leading to younger (and less successful bands) making the same criticism of Cornell himself.

• 16. Pearl Jam – “Porch”

  Share

  Another song that was crucial to Pearl Jam’s origin: it was the only song that Eddie Vedder brought to the band when he went to Seattle to meet them; it showed that he would not only be a great frontman and lyricist, but a great songwriter. It was a highlight of their early shows; it was usually during “Porch” that Vedder would climb the rafters and jump into the audience. It’s still a highlight today, minus that rather dangerous bit of audience interaction.

• 15. Soundgarden – “Outshined”

  Share

  Soundgarden’s first song that got real traction at rock radio, possibly because Chris Cornell’s vocals were a bit less abrasive (and only a bit less) than usual. The line, “I’m looking California and feeling Minnesota” is one of his best.
• 14. Guns N Roses – “November Rain”

  Share

  As we’ve mentioned, Axl Rose got reaaaaaaly ambitious on the ‘Use Your Illusion’ albums, and it paid off. Guns N Roses had the cultural currency to do pretty much whatever they wanted to do and Axl definitely took advantage of it. So this Axl-penned orchestral ballad clocked in at nearly nine minutes, and it dominated radio and MTV. The song, which predated ‘Appetite for Destruction,’ features some of Slash’s greatest playing.

• 13. Red Hot Chili Peppers – “Under The Bridge”

  Share

  It’s hard to imagine now, but the Red Hot Chili Peppers used to seem too weird to fit into the mainstream. They were this weird, quirky, fun and funky band but they didn’t seem like an arena rock group, and you wouldn’t have bet that they’d be rocking arenas in the 2020s. “Under The Bridge” changed that: it was soulful, confessional and an obvious hit, even on top 40 radio. Anthony Kiedis’s lyrics were a poem he wrote about his experiences with drugs, but he didn’t think it was appropriate for the band; fortunately, producer Rick Rubin changed his mind about that.

• 12. Nirvana – “Come As You Are”

  Share

  Yes, it sounded like Killing Joke’s “Eighties,” but “Eighties” never got much radio play, so few Nirvana fans caught the similarity. Anyway, after the massive success of “Smells Like Teen Spirit” it was a wise choice as a followup single. Years later, Dave Grohl played drums on Killing Joke’s self-titled 2003 album… and allegedly, refused to accept payment, possibly to attempt to make up for the “Eighties” schism.
• 11. Metallica – “Enter Sandman”

  Share

  Based on a riff that Kirk Hammett wrote - and which was, allegedly, influenced by Soundgarden - James Hetfield thought it was catchy. Maybe a bit too catchy. So he wrote disturbing lyrics to offset its potential commercial sound. Again, before ‘The Black Album,’ Metallica was extremely wary of the mainstream. Anyway, the song is pretty directly responsible for Metallica becoming one of the most popular bands of all time.

• 10. Red Hot Chili Peppers – “The Power Of Equality/If You Have To Ask”

  Share

  Sure, they’re two separate songs, but so are Led Zeppelin’s “Heartbreaker” and “Living Loving Maid (She’s Just A Woman).” They are linked in the minds of millions of fans and they create an explosive opening to the Peppers’ breakthrough album. “Power” sees the band railing against racism while “If You Have To Ask” is a bit more laid back, taking its name from a quote by Louis Armstrong: “If you have to ask what jazz is, you’ll never know.”

• 9. Pearl Jam – “Once”

  Share

  Although the song opens Pearl Jam’s debut album, ‘Ten’ in epic manner, “Once” is a lyrical sequel to “Alive.” The main character leaves home after learning that the man who he thought was his father, wasn’t actually his father. He loses control of his life (“I gotta bomb in my temple that is gonna explode/I got a sixteen gauge buried under my clothes!”).
• 8. Guns N Roses – “You Could Be Mine”

  Share

  The “Use Your Illusion” albums had a lot of great songs, but let’s be honest: not many of them hold up to the songs on ’Appetite For Destruction.’ “You Could Be Mine,” written during the ‘Appetite’ era, is an exception to that rule. It’s as powerful as anything that they ever did, so it’s no surprise that Arnold Schwarzenegger personally asked the band to use the song in ‘Terminator 2.’ Fun fact: the line “we’ve seen that movie too” is a reference to Elton John’s song “I’ve Seen That Movie Too.”

• 7. Soundgarden – “Slaves And Bulldozers”

  Share

  It was never a radio hit but Soundgarden die-hards love this nearly 7 minute jam, co-written by Chris Cornell and Ben Shepherd. Many fans believe that this song was a vent against the music industry.

• 6. Metallica – “The Unforgiven”

  Share

  It wasn’t as popular as “Enter Sandman” or “Nothing Else Matters,” but it’s still the highlight of ‘The Black Album.’ And it was so powerful that even the fans who complained about acoustic guitars and ballads couldn’t deny the song’s power, and even the power of James Hetfield’s singing (as opposed to his yelling and growling). Like “The God That Failed,” this is a very personal look at his upbringing in a religious home.
• 5. Guns N Roses – “Civil War”

  Share

  Released a year before the “Illusion” albums on a compilation ‘Nobody's Child: Romanian Angel Appeal,’ it’s the only song on the albums that features original drummer Steven Adler. The song’s length and epic gave fans a taste for the ambitious songwriting that GNR were working on. It was also one of their more political songs, sampling a clip from the 1967 film ‘Cool Hand Luke’ (“

• 4. Soundgarden – “Rusty Cage”

  Share

  Soundgarden’s prior album, 1989's “Louder Than Love,” got them a lot of attention, but they didn’t use that momentum to try to cater to the mainstream. “Rusty Cage” was as brutal and relentless as a Motorhead jam. But the times were changing, and somehow, the mainstream came to Soundgarden, and embraced “Rusty Cage,” which would have been unthinkable just a few years earlier. But the song worked without Soundgarden’s audio chaos: a few years later, Johnny Cash recorded a cover of the song, backed by Tom Petty & the Heartbreakers.

• 3. Pearl Jam – “Black”

  Share

  A ballad featuring producer Rick Parashar’s adult-contemporary sounding electric piano, Epic Records wanted to release the song as a single, which made sense. But Pearl Jam started being rebellious early, and wouldn’t allow it: they felt the song was a bit too personal to be on top 40 radio. Eddie Vedder apparently called radio stations to verify the label’s claims that they didn’t, in fact, release it to radio. Whether or not they did, it became a massive hit. And it’s an enduring one: you can watch a number of “reaction videos” on YouTube to watch people hearing “Black” for the first time. We’ll recommend RogueRxyce’s. You’re almost jealous that you’re not getting the experience that she’s having, but you might remember how hard the song hit you the first time you hear it.
• 2. Red Hot Chili Peppers – “Give It Away”

  Share

  The first single from the Chili Peppers’ fifth album. It needed to be good - even though they had just signed with a new record label, labels tend to lose interest in older bands who haven’t started selling lots of records. “Give It Away” had a lot of heavy lifting to do, and it did it, going on to become the band’s biggest hit at the time. It’s also one of the funkiest songs about generosity. The song changed Anthony Kiedis’s life, and not just because it increased his starpower. As he wrote in his autobiography, ‘Scar Tissue,’ when he was dating punk rocker Nina Hagen, he was going through her closet and saw a jacket that he liked. She told him to keep it. She took “sharing is caring” pretty seriously, saying, "if you have a closet full of clothes and you try to keep them all, your life will get very small. But if you have a full closet and someone sees something they like, if you give it to them, the world is a better place."

• 1. Nirvana – “Smells Like Teen Spirit”

  Share

  Yeah, yeah, it’s an obvious choice, but name another song that seemed to change culture overnight. After “Smells Like Teen Spirit,” ‘Nevermind’ knocked Michael Jackson off of the top of the Billboard album charts and the rules seemed to immediately change. ‘80s pop metal and adult contemporary acts needed to pivot to a new era, and most of them couldn’t, and all of the sudden you were hearing guitar-driven rock bands all over the radio and MTV. Which was amazing, while it lasted.

Sign Up For The 94.7 WCSX Classic Rock Insider Newsletter

Get the latest Classic Rock and local stories you need to know about, plus exclusive contests, games, and more!

Email *

Subscribe

By clicking "Subscribe" I agree to the website's terms of Service and Privacy Policy. I understand I can unsubscribe at any time.

Author Erica Banas // Rock Music Reporter

Category:

• Music
• WCSX

Tags:

Nirvana