Reuters
Nirvana has asked a US judge to definitively dismiss the lawsuit against the man who alleges his nude image as a four-month-old baby on the cover of his 1991 “Nevermind” album is child pornography.
In a lawsuit in federal court in Los Angeles, lawyers for the band said Spencer Elden waited too long to claim the representation sexually exploited him, condemning the third and latest version of his complaint.
“While there is no serious doubt that the photograph is not ‘child pornography,’ Elden’s case has long been prescribed by the statute of limitations,” the band’s lawyers wrote. “For Elden, this is ‘strike’ three. This case must end.”
Sought, Elden’s lawyer has not commented until the completion of this text.
The cover of the album “Nevermind” shows Elden swimming naked towards a dollar bill pierced with a hook. Elden said the photo caused him “lifelong harm” as it caused Nirvana to rake in tens of millions of dollars at his expense.
“Nevermind”, which contains the song “Smells Like Teen Spirit”, has sold over 30 million albums. The list of defendants includes Nirvana band members Dave Grohl and Krist Novoselic, the widow of late singer Kurt Cobain, Courtney Love, multiple record labels and photographer Kirk Weddle.
A hearing before US District Judge Fernando Olguin is scheduled for February 24.
Source: Folha
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