Sometimes millions of people buying a picture of a naked baby is just art. Called “one of the most iconic album covers ever” by Indie Underground, Nirvana’s second second album, “Nevermind,” isn’t actually all that complex. There’s a body of water and what looks like a naked baby swimming toward a dollar on a fish hook. To many, the album looks like a reminder of their youth and when grunge killed glam metal. To Spencer Elden — the baby photographed for the album — the album looked like child pornography.
He filed suit back in 2021 over the photo. Years later, it looks like there is some finality to the question of whether the album cover counts as child porn or not. ABA Journal has coverage:
U.S. District Judge Fernando Olguin of the Central District of California ruled against Spencer Elden and tossed the 2021 that case he filed over the picture taken when he was 4 months old, report the New York Times, Law360 and Reuters.
…
Olguin disagreed after examining several factors. They included whether the focal point of the depiction is on the child’s genitalia, whether the setting is sexually suggestive, whether the child is nude, and whether the depiction is intended to elicit a sexual response in the viewer.
Of the listed factors, the judge said that the only one relevant to the photo was that the child was nude. I do wonder about the focal point prong though — would the cover have been as iconic if the baby was wearing a diaper? Either way, we finally have some closure on the question.
Naked Baby On Nirvana Album Cover Wasn’t Child Porn Victim, Federal Judge Rule [ABA Journal]
Earlier: Smells Like… Child Pornography?
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s . He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who is learning to swim, is interested in critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.
The post Federal Judge Rules On Nirvana’s ‘Nevermind’ Album Cover Case appeared first on Above the Law.
Sometimes millions of people buying a picture of a naked baby is just art. Called “one of the most iconic album covers ever” by Indie Underground, Nirvana’s second second album, “Nevermind,” isn’t actually all that complex. There’s a body of water and what looks like a naked baby swimming toward a dollar on a fish hook. To many, the album looks like a reminder of their youth and when grunge killed glam metal. To Spencer Elden — the baby photographed for the album — the album looked like child pornography.
He filed suit back in 2021 over the photo. Years later, it looks like there is some finality to the question of whether the album cover counts as child porn or not. ABA Journal has coverage:
U.S. District Judge Fernando Olguin of the Central District of California ruled against Spencer Elden and tossed the 2021 that case he filed over the picture taken when he was 4 months old, report the New York Times, Law360 and Reuters.
…
Olguin disagreed after examining several factors. They included whether the focal point of the depiction is on the child’s genitalia, whether the setting is sexually suggestive, whether the child is nude, and whether the depiction is intended to elicit a sexual response in the viewer.
Of the listed factors, the judge said that the only one relevant to the photo was that the child was nude. I do wonder about the focal point prong though — would the cover have been as iconic if the baby was wearing a diaper? Either way, we finally have some closure on the question.
Naked Baby On Nirvana Album Cover Wasn’t Child Porn Victim, Federal Judge Rule [ABA Journal]
Earlier: Smells Like… Child Pornography?
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s . He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who is learning to swim, is interested in critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.
The post Federal Judge Rules On Nirvana’s ‘Nevermind’ Album Cover Case appeared first on Above the Law.
