Why would Nirvana’s cover be a porn? 3:18
(CNN) — A federal court in California has dismissed a lawsuit alleging that the cover art of rock band Nirvana’s 1991 album Nevermind constituted child pornography.
Spencer Elden, 31, who appeared nude on the album cover as a baby, has sued the band for alleged “commercial sexual exploitation of children”.
However, his lawsuit was dismissed on Friday when a judge ruled that Elden had filed his complaint after the 10-year statute of limitations had expired.
“Accordingly, plaintiff’s complaint is dismissed without authorization to amend,” Fernando M. Olguin, United States District Judge for the Central District of California, said in a ruling obtained by CNN.
Elden’s attorney told CNN that he plans to appeal the firing.
Nirvana members Dave Grohl (left), Kurt Cobain (middle) and Krist Novoselic (right).
The cover of Nevermind, showing the boy Elden swimming underwater with his eyes on a dollar bill, has become one of rock music’s most enduring images.
In the original lawsuit, filed on August 24, 2021, Elden’s attorneys said the image was pornographic and that he suffered “lifelong harm” as a result of his participation.
Elden listed as defendants the surviving members of the band, the executor of singer Kurt Cobain’s estate, and several record companies.
The photo became one of the most enduring images in rock music.
After the lawsuit was dismissed, a second amended lawsuit sought damages for what Elden described as “lifelong loss of earning capacity, loss of past and future wages, past and future medical and psychological treatment costs, loss of enjoyment of life, and other losses” that will be in described and proved during the hearing of this matter”.
The lawsuit alleged that Elden was sexualized because the image of the naked baby clutching the dollar bill made him look like “a sex worker.”
Elden has occasionally recreated the image throughout his adult life, but has also indicated in interviews that he is uncomfortable with the album cover’s popularity.