Nirvana Wins 'Nevermind' Lawsuit Against Man Shown On Cover As Nude 4-Month-Old

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Grunge set Nirvana has won a arguable suit brought by Spencer Elden, who appeared bare connected the screen of the 1991 medium “Nevermind” arsenic a babe and aboriginal claimed that the photograph amounted to kid pornography, according to Reuters.

In Los Angeles connected Friday, U.S. District Judge Fernando Olguin ruled that Elden waited excessively agelong to record the suit and cited a 10-year statute of limitations, according to Rolling Stone. It was archetypal filed successful August 2021, with the defendants motioning successful December to disregard it.

Elden’s lawyers amended the suit successful January and removed charges of kid enactment trafficking that listed Nirvana frontman Kurt Cobain’s estate, lensman Kirk Weddle and respective grounds labels arsenic defendants, Rolling Stone reported.

“In short, due to the fact that it is undisputed that [Elden] did not record his ailment wrong 10 years … the tribunal concludes that his assertion is untimely,” Olguin wrote successful his ruling.

The band’s lawyers said that successful summation to filing excessively late, Elden had besides benefited from the photograph of himself arsenic a 4-month-old. Elden had sold autographed copies of the screen and adjacent recreated the photograph for wage arsenic an adult, they said.

When Rolling Stone interviewed him astir the representation successful 2003, Elden said helium was “probably gonna get immoderate wealth from it.”

The photograph was taken astatine the Pasadena Aquatic Center successful California. The screen depicted Elden swimming toward a fishhook piercing a dollar bill.

Elden’s archetypal suit cited “loss of enjoyment of life,” affectional distress and diminished earning capacity. The tribunal had rejected that statement and said it would let Elden to writer Nirvana clip and clip again — with Friday’s ruling blocking immoderate further filings.

“We are pleased that this meritless lawsuit has been brought to a speedy last conclusion,” Bert Deixler, a lawyer for the defendants, told Reuters.

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