A California judge has dismissed a child pornography lawsuit filed by the now-adult baby, who appears nude on the cover of Nirvana’s legendary album, Nevermindin 1991, says a court document dated Friday.
Los Angeles Judge Fernando Olguin dismissed the lawsuit, including on statute of limitations, according to the document.
End of August 2021, one month before the 30e anniversary of the release of the album, Spencer Elden, now thirty, had filed a first complaint, followed by a second in January 2022 after a first rejection for other reasons, claiming to be the victim of “commercial exploitation of images child pornography”.
Photographed in 1991 at the age of 4 months, Spencer Elden appears naked in a swimming pool on the cover of Nevermind, eyeing a dollar bill on a hook. With legendary titles like Smells Like Teen Spiritthe cult album sold more than 30 million copies, becoming a rock reference.
The plaintiff, who said he never received financial compensation for the photo and assured that his parents had not given permission to use his image in this way, claimed 150,000 dollars in damages from each of 15 people he was suing, including former Nirvana members, Kurt Cobain’s executor, Courtney Love, and photographer, Kirk Weddle.
In a memo responding to the complaint and filed, their attorneys argued instead that “Elden has spent three decades enjoying his stardom as the self-proclaimed baby Nirvana.”
“He remade the picture in exchange for remuneration on numerous occasions; he got the title of the album tattooed Nevermind On the chest […]he autographed copies of the album cover to sell on eBay and he used this link to try to hit on women,” they listed.