Jan. 4 (UPI) – A judge in the US District Court in central California dismissed a lawsuit against surviving Nirvana members over Nevermind’s album cover.
Spencer Elden, 30, was photographed as a naked baby on the 1991 album cover and filed a lawsuit in August alleging he was a victim of child pornography.
January 4 (UPI) – A judge in the US District Court in central California dismissed a lawsuit against surviving members of Nirvana over the Nevermind album cover.
Spencer Elden, 30, was raised as a naked baby photographed the cover of the 1991 album and filed a lawsuit in August alleging he was a victim of child pornography.
Elden stated in the lawsuit that the picture portrayed him « like a sex worker » and had « caused lifelong damage ». The lawsuit claims $ 150,000 from photographer Kirk Weddle, surviving Nirvana members Dave Grohl and Krist Novoselic, and Courtney Love, the administrator of late frontman Kurt Cobain.
Former Nirvana drummer Chad Channing, who left the band , before Nevermind was recorded, and several existing and defunct record labels who were involved in Nevermind’s release over the decades were also named as defendants.
Judge Fernando M. Olguin presided over and dismissed the matter on Monday dismissed the lawsuit after Elden failed to appeal the defendants’ dismissal motion by December 30th. The defendants filed a dismissal motion on December 22nd, stating that Elden benefited from being on the album cover as self-proclaimed nirvana baby to appear. The rejection request also stated that the statute of limitations has expired and the image is not sexually exploitative.
The judge dismissed the lawsuit « with leave to amend, » which means Elden has 10 days to file a new lawsuit. If Elden fails to meet the January 13 deadline, the lawsuit will be dismissed, closing the case.
Defendants will have until January 27 to respond if Elden files a new complaint in good time. </ Elden previously recreated the pose as a teenager and adult to celebrate the 10th, 17th, 20th and 25th anniversaries of the album's release.
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