A federal judge on Friday dismissed a lawsuit filed by a man who graced the cover of Nirvana’s seminal album Nevermind as a baby, and 30 years later, the iconic photo of him drifting naked in a pool , a form of sexual exploitation.
Spencer Elden, 31, said Nirvana was involved in child pornography after using a photo of Nirvana on the cover of their 1991 album Nevermind, which catapulted the Seattle grunge-rock band to international fame. claimed to be there.
Judge Fernando M. Olguin, in his eight-page ruling, argued that Mr. Elden had known about the album cover more than a decade ago and had waited too long to file a lawsuit. said it was too early.
The lawsuit was filed in the United States District Court for the Central District of California against Kurt Cobain’s property. Former bandmates of musicians David Grohl and Chris Novoselic. Officials such as Mr. Cobain’s widow, Courtney Love. Dexler’s attorney, Bert H. Dexler, said in his statement that he was “delighted that this futility case was quickly closed.”
One of Elden’s attorneys, Robert Y. Lewis, did not respond to an emailed request for comment on Sunday.
The dismissal came after Judge Holguin dismissed the case in January for different reasons. Mr. Elden’s lawyers had passed the deadline to respond to a motion for removal by Nirvana’s lawyers.
Judge Olguin authorized Elden’s attorneys to file a second amended complaint to address the “alleged deficiencies” in defendants’ motion to dismiss.
But Friday’s dismissal appeared to have ended the legal exchange.
According to court records, Elden is a Los Angeles County artist who has undergone therapy for years to figure out how the album cover affected him, his attorney said. alleging that their privacy was violated.
He sought $150,000 from each of the 15 individuals and companies named in the complaint.
The photo of Elden, who was four months old at the time, Photographer Kirk Weddle chose from dozens of baby photosMr. Cobain envisioned an album cover showing a baby in water.
Mr. Weddle paid Mr. Elden’s parents $200 to take a picture, which was later changed to a picture of Mr. Elden hanging from a fishing hook chasing a dollar bill.
In the years that followed, Mr. Elden’s opinion of photography changed. Initially, he appeared to celebrate his role on the cover of Classic His, recreating his tenth moment on the album. 17th, The 20th When 25th Not naked, but an anniversary.
“It’s cool but weird to be a part of something so important that you don’t remember it,” he said in a 2016 interview. new york postAt the age of 25, he posed with the album cover.
He also expressed his anger at people still talking about it. GQ Australia “I really didn’t have a choice,” he said.
Nirvana’s attorneys filed a motion to dismiss, saying Elden admitted in an interview in 2003 that when he was 12, he was likely to be known as the album cover baby.
According to his lawyer, he said at the time, “I could probably make some money with it.”