Nirvana album cowl: Naked ‘Nevermind’ child loses lawsuit after choose dismisses baby pornography criticism

Spencer Elden, 31, who appeared bare on the album cowl as a child, sued the band over alleged “commercial child sexual exploitation.”

Nonetheless, 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 action will be dismissed without leave to amend,” stated Fernando M. Olguin, United States District Choose for the Central District of California, in a ruling obtained by CNN.

Elden’s lawyer advised CNN he plans to enchantment the dismissal.

The duvet of “Nevermind,” on which the toddler Elden appeared, swimming underwater, his eyes mounted on a greenback invoice, has change into one of the enduring photographs in rock music.

Within the authentic 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 report labels as defendants.

After the criticism was dismissed, a second amended criticism sought damages for what Elden referred to as “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.”

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

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 sex worker.”

Elden has recreated the picture at instances throughout his maturity, however he additionally instructed in interviews that he felt uncomfortable concerning the album cowl’s recognition.

In 2007, he advised the UK’s Sunday Instances that he discovered it “kind of creepy that many people have seen me naked … I feel like the world’s biggest porn star.” The next yr he advised CNN that he was typically requested to attend occasions because the “Nirvana baby.”

“Nevermind” and its lead single “Smells Like Teen Spirit” bought thousands and thousands of copies and helped popularize grunge music in the US. Each 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.

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Elden advised CNN in 2008: “Rumor had it that Cobain had the original concept of wanting to show a mother giving birth under water.” Elden added: “But the compromise was to have a baby swimming under water. Or so that’s what I was told.”

The lawsuit alleged Elden “has and will continue to suffer personal injury from the Defendants’ possession, transportation, reproduction, advertisement, promotion, presentation, distribution, providing, and obtaining of child 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 report labels Common Music Group, MCA Information and Geffen Information. CNN has contacted these events for remark.

CNN’s Rob Picheta contributed to this report.