Nirvana won the dismissal of a lawsuit brought by Spencer Elden, who claimed that its depiction of a naked four-month-old baby on the cover of the band’s 1991 album ‘Nevermind’ was child pornography.
In the decision, filed by US District Judge Fernando Olguin in Los Angeles, he said Elden waited too long to claim Nirvana sexually exploited him, having filed the lawsuit more than 10 years after learning about the cover.
Those charged included Nirvana members Dave Grohl and Krist Novoselic, the late Kurt Cobain’s widow Courtney Love, various record labels and photographer Kirk Weddle.
The lawsuit stemmed from Nirvana’s use of a photo taken by Weddle in 1991 at the Aquatic Center in Pasadena, California, showing Elden swimming naked toward a dollar bill pierced with a hook.
Elden was interviewed in 2003, when he was 12 years old, by Rolling Stone magazine about the photo with which he said “it will probably get some money” and recreated the image as an adult in 2016 with “Nevermind” tattooed on his chest.
However, he claimed in his lawsuit, which began in August 2021, that he met the statute of limitations because his injuries, which include emotional distress, loss of earning capacity, and ‘loss of enjoyment of life,’ continued into age. adult.
“In short, the plaintiff does not allege that he knew of a violation that occurred when he was a minor or an injury that forms the basis of the claim within ten years after the filing of this action,” Olguín wrote.
Elden had presented three versions of his complaint and Olguín’s dismissal prevents him from presenting a fourth.
“Nevermind” includes the song “Smells Like Teen Spirit”. Sales exceeded 30 million. Eden was the baby model on the album cover because her father was a friend of Nirvana photographer Kirk Weddle. The artwork was inspired by Kurt Cobain’s fascination with underwater births at the time.
ABC