The man who appeared on the 1991 cover of Nirvana’s breakout album, Nevermind, has just lost his child pornography lawsuit after he refiled his suit against the band when it was dismissed.
Spencer Elden, who is now 31, appeared completely naked as a baby for the 90s grunge band’s album cover.
He initially filed a lawsuit against the band’s surviving members, the late-Kurt Cobain’s estate, numerous record labels, and photographer Kirk Weddle.
Elden claims neither he nor his guardians consented to his image being used, Billboard reports.
The plaintiff also claimed that the album cover is in violation of child pornography regulations, asserting that the naked image of him in a pool as an infant satisfies the legal definition of a sexualized image of a minor.
However the judge in the lawsuit, US District Judge Fernando Olguin, ruled that the lawsuit was filed too late as the statute of limitations for issues such as this are 10 years – essentially, Elden is 21 years too late.
In the court filings, obtained by Billboard, Judge Olguin remarked: “Because it is undisputed that plaintiff did not file his complaint within ten years after he discovered a violation that could form the basis for his [child pornography] claim, the court concludes that his claim is untimely.”
Spencer Elden filed his child pornography lawsuit against Nirvana’s surviving members, the late-Kurt Cobain’s estate, numerous record labels, and photographer Kirk Weddle.
The Judge’s ruling seemed to reflect the sentiments of lawyers for Dave Grohl, Krist Novoselic, Weddle, UMG Recordings, and Courtney Love (executor of Kurt Cobain’s estate), who have previously argued that:
