A US judge has dismissed a lawsuit filed by Spencer Elden, the man who appeared as a naked baby on the cover of Nirvana's 1991 album Nevermind. Elden had claimed that the image constituted child sexual abuse and caused him permanent harm.
Elden, who was four months old when the photograph was taken by a family friend, argued that he could not consent to the image being used. He sought £130,000 in damages, alleging that the defendants knowingly produced and advertised child pornography.
Judge Fernando Olguin ruled that the case was filed past the 10-year statute of limitations and dismissed it with prejudice, meaning Elden cannot refile. He intends to appeal the decision.
The defendants, including Dave Grohl, Krist Novoselic, Courtney Love, and the estate of Kurt Cobain, had argued that Elden spent three decades profiting from his celebrity as the 'Nirvana Baby', including recreating the image for album anniversaries and getting a tattoo of the word 'Nevermind' on his chest.
Elden originally filed the suit in 2021 but missed a deadline to respond to a motion to dismiss, which described his claim as 'not serious'. He refiled in January 2022. A defence lawyer welcomed the ruling, calling the case 'meritless'.
