Nirvana album cover: Naked ‘Nevermind’ baby loses lawsuit after judge dismisses child pornography complaint
Spencer Elden, 31, who appeared bare on the album cowl as a child, sued the band over alleged “business little one sexual exploitation.”
However, his lawsuit was dismissed on Friday when a choose dominated that Elden had filed his criticism after the 10-year statute of limitations had expired.
“Accordingly, plaintiff’s motion shall be dismissed with out go away to amend,” stated Fernando M. Olguin, United States District Judge for the Central District of California, in a ruling obtained by CNN.
Elden’s lawyer instructed CNN he plans to attraction the dismissal.
The cowl of “Nevermind,” on which the toddler Elden appeared, swimming underwater, his eyes fastened on a greenback invoice, has develop into some of the enduring photographs in rock music.
In the unique criticism, filed August 24, 2021, Elden’s attorneys stated the picture was pornographic and that he has suffered “lifelong damages” on account of his involvement.
Elden listed the surviving band members, the executor of lead singer Kurt Cobain’s property, and numerous file labels as defendants.
After the criticism was dismissed, a second amended criticism sought damages for what Elden referred to as “lifelong lack of revenue incomes capability, lack of previous and future wages, previous and future bills for medical and psychological therapy, lack of enjoyment of life, and different losses to be described and confirmed on the trial of this matter.”
The lawsuit alleged that Elden was sexualized as a result of the picture of the bare child grabbing on the greenback invoice made the newborn resemble “a intercourse employee.”
Elden has recreated the picture at occasions throughout his maturity, however he additionally prompt in interviews that he felt uncomfortable concerning the album cowl’s reputation.
In 2007, he instructed the UK’s Sunday Times that he discovered it “sort of creepy that many individuals have seen me bare … I really feel just like the world’s largest porn star.” The following yr he instructed CNN that he was usually requested to attend occasions because the “Nirvana child.”
“Nevermind” and its lead single “Smells Like Teen Spirit” bought tens of millions of copies and helped popularize grunge music within the United States. Both its content material and paintings had been heralded as seminal rock works, however three years after its launch, Nirvana’s frontman, Kurt Cobain, died by suicide in Seattle and the remaining members subsequently disbanded.
Elden instructed CNN in 2008: “Rumor had it that Cobain had the unique idea of wanting to point out a mom giving beginning below water.” Elden added: “But the compromise was to have a child swimming below water. Or so that is what I used to be instructed.”
The lawsuit alleged Elden “has and can proceed to endure private harm from the Defendants’ possession, transportation, copy, commercial, promotion, presentation, distribution, offering, and acquiring of kid pornography depicting him.”
Cobain’s spouse, the singer Courtney Love, was listed within the lawsuit as an executor of Cobain’s property, alongside others together with the photographer Kirk Weddle and file labels Universal Music Group, MCA Records and Geffen Records. CNN has contacted these events for remark.
CNN’s Rob Picheta contributed to this report.