A US judge has dismissed Spencer Elden's lawsuit claiming that the cover of Nirvana's 1991 album Nevermind, which features him as a naked baby, constituted child sexual abuse. The case was thrown out as it was filed past the 10-year statute of limitations.
Elden, who was four months old when the photograph was taken by a family friend, argued that the image caused him 'permanent harm' and a 'lifelong loss of income-earning capacity'. He sought £130,000 in damages, claiming he could not consent to the photo's use. The family reportedly received around $200 (£173) for the image.
The suit, initially filed in 2021 against Dave Grohl, Krist Novoselic, Courtney Love, the estate of Kurt Cobain, photographer Kirk Weddle and several record labels, was previously dismissed after Elden missed a deadline to respond. He refiled in January 2022, but US judge Fernando Olguin ruled the claim was time-barred and dismissed it with prejudice, meaning it cannot be refiled.
A defence lawyer welcomed the ruling, describing the case as 'meritless'. The defendants had argued that Elden had 'spent three decades profiting from his celebrity as the self-anointed Nirvana Baby', including recreating the image for the album's 15th and 25th anniversaries and having a tattoo of the word 'Nevermind' on his chest.
In 2015, Elden told the Guardian: 'It is a weird thing to get my head around, being part of such a culturally iconic image. But it's always been a positive thing and opened doors for me.' He intends to appeal the latest ruling.
