A California judge dismissed a lawsuit against Nirvana brought by Spencer Elden, who appeared as a naked baby on the cover of her Nevermind album.
Elden sued the gang last year, alleging sexual exploitation and that the artwork constituted child sexual abuse.
Now 30, he said the infamous image had caused him “extreme and permanent emotional distress” as well as lost wages and “enjoyment of life.”
Nirvana filed a dismissal request last month, saying Elden’s arguments were without merit.
“Elden’s claim that the Nevermind album cover photograph is ‘child pornography’ is not, on the face of it, serious,” his lawyers said, noting that anyone who possessed a copy of the record “would be guilty on the theory. of Elden of possession of the crime of child pornography “.
They went on to point out that, until recently, Elden seemed to enjoy the notoriety of being “baby Nirvana.”
“He has recreated the photograph for a fee, many times; he has tattooed the album title … on his chest; he has appeared on a talk show in a nude colored jumpsuit parodying himself; he has autographed copies of the album cover for sale on eBay and has used the connection to try to woo women. “
The motion was filed by attorneys representing surviving Nirvana members Dave Grohl and Krist Novoselic; Kurt Cobain’s widow, Courtney Love; and Kirk Weddle, the photographer on the cover image.
Regardless of the merits of Elden’s case, they argued, the statute of limitations on his claims had expired in 2011, meaning it was too late to sue.
His lawyers have argued that the statute of limitations does not apply, as long as Nevermind continues to be sold in its current form.
“Child pornography is a perpetual crime,” Marsh Law told Variety in a statement last year. “Any distribution or profit made from any sexually explicit image of a child not only creates lasting liability, but also creates lifelong trauma. This is common for all of our clients who are victims of actively marketed child pornography, no matter how much. long ago the image was created. “
Elden’s team had until December 30 to respond to Nirvana’s motion to fire, but did not meet the deadline.
As a result, Judge Fernando M. Olguin dismissed the case “with permission to amend,” which means that his team has until January 13 to resubmit the case with the corresponding changes.