‘Nevermind’ lawsuit: Judge dismisses child porn allegation against Nirvana

Spencer Elden, 31, has had his case against Nirvana over the use of his baby photo on the cover of the band’s “Nevermind” album dismissed.

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Elden had sued the band, saying that the use of his baby photo — taken when he was 4 months old and depicted him naked swimming — was “commercial child sexual exploitation,” CNN and The New York Times reported.

Elden’s parents were paid $200 for the use of the photo.

A judge dismissed the case against the band, ruling that Elden filed the complaint after the statute of limitations expired. The album was released in 1991, The New York Times reported.

Elden’s attorney said he plans to appeal the decision, saying that the dismissal is based on a misunderstanding of the statute of limitations.

“This ruling’s interpretation of the statute of limitations on Masha’s Law contravenes over fifteen years of well-settled precedent and the legislature’s intended purpose of the law,” Margaret Mabie, Elden’s lawyer, told People magazine.

Bert Deixler, an attorney for Nirvana, told the publication, “We are pleased that this meritless lawsuit has been brought to a just conclusion.”

Elden had sued the surviving members of the band — Dave Grohl and Krist Novoselic — the estate of Kurt Cobain, and his widow, Courtney Love, among others, The New York Times reported.

Elden filed a complaint on Aug. 24, 2021, saying that the image of him swimming in the pool as an infant was pornographic and that he suffered “lifelong damages” as a result.

That case was dismissed and Elden filed an amended complaint for damages for what he called “lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at the trial of this matter.”

He claimed that the image of him grabbing at the dollar bill, which was added later, in the water made him appear to be a “sex worker.”

Despite the allegations, Elden himself has recreated the photo as an adult at the same time saying he was uncomfortable with how popular the original image became.

Elden recreated the photo for the 10th, 17, 20th and 25th anniversaries of the album, but did not appear unclothed in the images, the Times reported.

He also had been asked to appear at events as the “Nirvana baby,” Elden told CNN in 2008.

Elden had asked for $150,000 from each of the 15 defendants, the Times reported.

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Nirvana Bassist Krist Novoselic and guitarist Kurt Cobain from American rock band Nirvana perform live on stage at Paradiso in Amsterdam, Netherlands on 25th November 1991.(Photo by Peter Pakvis/Redferns) (Peter Pakvis/Redferns)

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