'Nevermind' baby loses lawsuit against Nirvana after judge dismisses child pornography complaint

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(CNN)A national tribunal successful California has dismissed a suit alleging that the cover artwork of stone set Nirvana's 1991 medium "Nevermind" constituted kid pornography.

Spencer Elden, 31, who appeared bare connected the medium screen arsenic a baby, sued the set implicit alleged "commercial kid intersexual exploitation."

However, his suit was dismissed connected Friday erstwhile a justice ruled that Elden had filed his ailment aft the 10-year statute of limitations had expired.

    "Accordingly, plaintiff's enactment volition beryllium dismissed without permission to amend," said Fernando M. Olguin, United States District Judge for the Central District of California, successful a ruling obtained by CNN.

      Elden's lawyer told CNN helium plans to entreaty the dismissal.

      Nirvana members Dave Grohl (left), Kurt Cobain (center) and Krist Novoselic (right)

      The screen of "Nevermind," connected which the babe Elden appeared, swimming underwater, his eyes fixed connected a dollar bill, has go 1 of the astir enduring images successful stone music.

      In the archetypal complaint, filed August 24, 2021, Elden's attorneys said the representation was pornographic and that helium has suffered "lifelong damages" arsenic a effect of his involvement.

        Elden listed the surviving set members, the executor of pb vocalist Kurt Cobain's estate, and assorted grounds labels arsenic defendants.

        After the ailment was dismissed, a 2nd amended ailment sought damages for what Elden called "lifelong nonaccomplishment of income earning capacity, nonaccomplishment of past and aboriginal wages, past and aboriginal expenses for aesculapian and intelligence treatment, nonaccomplishment of enjoyment of life, and different losses to beryllium described and proven astatine the proceedings of this matter."

        Naked 'Nevermind' babe  sues Nirvana for 'child pornography'

        The suit alleged that Elden was sexualized due to the fact that the representation of the bare babe grabbing astatine the dollar measure made the babe lucifer "a enactment worker."

        Elden has recreated the representation astatine times during his adulthood, but helium besides suggested successful interviews that helium felt uncomfortable astir the medium cover's popularity.

        In 2007, helium told the UK's Sunday Times that helium recovered it "kind of creepy that galore radical person seen maine bare ... I consciousness similar the world's biggest porn star." The pursuing twelvemonth helium told CNN that helium was often asked to be events arsenic the "Nirvana baby."

        "Nevermind" and its pb azygous "Smells Like Teen Spirit" sold millions of copies and helped popularize grunge euphony successful the United States. Both its contented and artwork were heralded arsenic seminal stone works, but 3 years aft its release, Nirvana's frontman, Kurt Cobain, died by termination successful Seattle and the remaining members subsequently disbanded.

        From Nirvana to 'weightless worlds': How photos evolved underwater

        Elden told CNN successful 2008: "Rumor had it that Cobain had the archetypal conception of wanting to amusement a parent giving commencement nether water." Elden added: "But the compromise was to person a babe swimming nether water. Or truthful that's what I was told."

          The suit alleged Elden "has and volition proceed to endure idiosyncratic wounded from the Defendants' possession, transportation, reproduction, advertisement, promotion, presentation, distribution, providing, and obtaining of kid pornography depicting him."

          Cobain's wife, the vocalist Courtney Love, was listed successful the suit arsenic an executor of Cobain's estate, alongside others including the lensman Kirk Weddle and grounds labels Universal Music Group, MCA Records and Geffen Records. CNN has contacted these parties for comment.

          CNN's Rob Picheta contributed to this report.

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