A California judge has dismissed the child pornography lawsuit brought by the baby-turned-adult who appears naked on the album cover. no matter by Nirvana released in 1991. According to a court document dated Friday, Los Angeles Judge Fernando Olguín based his particular decision on statute of limitations. The plaintiff has already announced that he will appeal.
At the end of August 2021, a month before the 30th anniversary of the album’s release, Spencer Elden, now thirty years old, had filed a first complaint, followed by a second in January 2022 after a first rejection for other reasons, claiming being a victim of “commercial exploitation of images of child pornography”.
legendary album
Photographed in 1991 at the age of four months, Spencer Elden appears nude in a swimming pool on the cover of Nevermind, staring at a dollar bill hanging from 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 claimed his parents had not given permission to use his image in that way, sought $150,000 in damages from each of the 15 people he was suing. , including former members of Nirvana. Kurt Cobain’s executor, Courtney Love, and photographer, Kirk Weddle.
Nirvana Lawyers Defense
In a memo responding to the complaint and filed, his attorneys argued instead that “Elden has spent three decades basking in his stardom as the self-proclaimed ‘Baby Nirvana.'”
“He has retaken the photo for money numerous times; he has had the album title ‘Nevermind’ tattooed across his chest… He has autographed copies of the album cover to sell on eBay and used that link to try to flirt with women. ,” they said.
Source: BFM TV
