Nevermind album cover released by Nirvana in September 1991 (Photo: Geffen) The United States judiciary refiled the lawsuit filed by Spencer Elden, who was known for stamping the cover of the “Nevermind” album that debuted was released by Nirvana in the 1990s. The young man claimed his nude picture on the album was child pornography. According to Portal, Judge Fernando Olguin of Los Angeles said in Friday’s decision (2) that Elden took too long to start the lawsuit, which led to Nivana members Dave Grohl and Krist Novoselic and actress Courtney Love, who is dating Kurt Cobain lives together.
Multiple record labels and photographer Kirk Weddle, who took the picture of Elden in 1991 at four months old swimming naked in a pool, apparently trying to get hold of a dollar bill hanging from a hook, were also cited as tricks in the lawsuit .
Elden was even interviewed by Rolling Stone magazine about the photo in 2003, at the age of 12, and said he would “probably make some money from it,” and he recreated the cover photo in 2016 as an adult with “Nevermind” tattooed on his back Breast.
Nevertheless, in 2021 he sued those responsible for the cover because neither he nor his parents had approved the use of his picture, “let alone the commercial exploitation of his person with child pornographic images”.
The judge dismissed the case on January 3 of this year without considering the merits because Elden failed to respond in a timely manner to arguments from Nirvana’s attorneys, but allowed him to file a new indictment, which is now again dismissed.
Elden stated that he suffered emotional damage, loss of earning capacity, and “loss of joy in life”. However, the judge dismissed that argument, saying it would effectively allow Elden to sue Nirvana indefinitely.
“In short, plaintiff does not allege that within ten years of the filing of this lawsuit he knew of any injury when he was a minor or of any injury that formed the basis of the claim,” Olguin wrote.