The lawsuit against Nirvana by the man who appeared on the cover of their 1991 album Nevermind as a baby has been dismissed.
According to Spin magazine, a California judge rejected an application filed by Spencer Elden “with a modification permit” on Monday, January 3rd.
In fact, Elden’s lawyers missed the deadline to file an appeal.
Elden claimed in his case that he had been sexually exploited by children and that the Nevermind emblematic cover was an image of child sexual abuse “knowingly produced and advertised” by the band.
The cover image shows the Elden baby in a swimming pool holding a banknote with his genitals uncovered. Elden claimed that neither he nor his legal guardians had signed a statement authorizing the use of “any images of Spencer or the like”.
On the other hand, the lawyers representing Dave Grohl, Krist Novoselic, Courtney Love (as executor of the estate Kurt Cobain), the photographer Kirk Weddle and UMG Recordings asked for the case to be rejected with an application filed on December 24.
Elden was said to have spent three decades enjoying his fame as the self-proclaimed “Nirvana Baby”, including recreating the photo for money and the Nevermind tattoo on his chest.
“Elden’s claim that the photo on the cover of Nevermind’s album is ‘child pornography’ is, at first glance, not serious,” they said in a joint statement.
The court said it would “accept the defendants’ proposal and give it one last chance to amend its complaint” by January 13.
Independent
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