A lawsuit filed against the 90’s grunge band Nirvana has been dismissed for a final time by US District Judge. The lawsuit, filed by Spencer Elden, references the album cover of Nevermind in which he appears as a four-month-old, naked, in a swimming pool.
Elden appeared on the album cover in 1991 after his parents were approached by a photographer and paid $200.
The album ended up becoming extremely successful and Elden has spent the last few decades publically associating himself with the image, referring to himself as the ‘Nivana baby’ and even recreating the iconic image multiple times.
However, in later years, Elden has released public statements that the image has caused him “extreme and permanent emotional distress,” as per The Guardian.
He told GQ Australia in 2016 that he thought the image was “f**ked up”. A few years later Elden filed a child pornography lawsuit against the band.
Those named in the case, as well as the widow of the late Kurt Cobain, Courtney Love filed to dismiss the suit in 2021 and as Elden missed the deadline to file an opposition to this, it was thrown out at the time.
Elden then refiled in January 2022.
The judge presiding over the case, US District Judge Fernando Olguin has ruled that the case was filed outside the statute of limitations. Elden cannot refile this case but may appeal this decision.
The vast amount of public discourse online seems to side with the band who stated “The Nevermind cover photograph was taken in 1991. It was world-famous by no later than 1992.
“He has been fully aware of the facts of both the supposed ‘violation’ and ‘injury’ for decades,” in their file to dismiss the case, according to Blabbermouth.
What do you think?