The United States judiciary dismissed the lawsuit brought by the man who appeared naked on the cover of Nirvana’s Nevermind album in 1991 at the age of 4 months. The band was accused of child pornography.
On Friday, Los Angeles Judge Fernando Olguin ruled that the man, Spencer Elden, took too long to allege Nirvana sexually exploited him. He only entered the suit over 10 years after learning of the cover’s existence.
In addition to the band, the other accused included Nirvana members Dave Grohl and Krist Novoselic, the widow of the late singer Kurt Cobain Courtney Love, record companies and photographer Kirk Weddle.
Nirvana album cover as a baby sues band for sexual exploitation
Weddle took the photo in 1991 at the Pasadena Aquatic Center in California. The image shows Elden swimming naked towards a dollar bill pierced with a hook.
Elden was interviewed by Rolling Stone magazine in 2003 at the age of 12. At the time, he said he would “probably make some money from it” (Nevermind has sold more than 30 million copies). In 2016, he even took part in a photoshoot to recreate the image as an adult with Nevermind tattooed on his chest.
In his trial, which began in August 2021, he claimed to have complied with the statute of limitations because his damage, including mental stress, disability and “loss of joy in life” lasted into adulthood.
The judge dismissed that argument, saying that by that logic, Elden could sue Nirvana indefinitely.
“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 giving rise to the claim,” Olguin wrote.
Elden has filed three versions of his complaint, but now, with this ruling from Judge Olguin, he cannot file any more lawsuits.
Elden’s attorney did not respond to requests for interviews.