A southern California man, who appeared naked on the cover of Nirvana’s 1991 album “Nevermind” as an infant, had his child pornography lawsuit dismissed.
Spencer Elden’s suit was dismissed by U.S. District Judge Fernando M. Olguin on Monday, after Elden missed a recent deadline to file opposition documents to the defendants’ request to throw out the suit, NBC News reported in a piece published Tuesday. (RELATED: Record Label Drops Marilyn Manson Following Allegations Of Abuse)
Nirvana sued by the baby from Nevermind’s album cover https://t.co/YAJH6BY1HN
— BBC News (World) (@BBCWorld) August 25, 2021
Thirty-year-old Elden, who was photographed naked in a swimming pool when he was 4-months-old, claimed the band’s use of his naked image was child pornography in an August lawsuit. The iconic cover features a naked baby in a pool and a digital image of a dollar bill on a fish hook was added to the cover.
Elden’s attorney claimed the image was pornographic because it depicted the infant as a “sex worker” and his lawyer claimed the band used an “explicit image,” to garner attention, according to the suit, NBC reported.
He was seeking $150,000 from each of the defendants which included former members of the band Dave Grohl, Krist Novoselic; late lead singer Kurt Cobain’s wife Courtney Love; the photographer Kirk Weddle, and several record companies connected to the release or distribution of the album during the last three decades, the report noted.
During the last several decades, Elden has even recreated the famed album cover wearing swim trunks, for its 10th, 17th, 20th and 25th anniversaries.
Elden can still file a second amended complaint “attempting to cure, to the extent he believes is warranted by existing law, the alleged defects outlined in defendants’ motion,” the outlet noted.
He has until Jan. 13 to file or the suit will be dismissed without prejudice, according to the outlet.