Judge Dismisses Nirvana's 'Nevermind' Covert Art Baby's Sexual Exploitation Suit

Who would have thought that the baby in the Nirvana Album "Nevermind" would sue them thirty years after?

A lawsuit filed against Nirvana by the man who was shot as a newborn for the band's famous "Nevermind" cover image has been dismissed by a court in California.

Aged 30, Spencer Elden, filed a lawsuit against the band over a photograph of himself as a child, in which he appears shirtless and swimming after a dollar bill in a swimming pool. The claimant said that he has suffered "lifelong damages" from the album cover and "commercial child sexual exploitation," and "child pornography".

Representatives for Nirvana released a statement last month denying the allegations, claiming that the case was "not serious" and that it was filed after the statute of limitations had expired.

The claim would only be applicable if Elden learned that he was the infant on the cover art within ten years of the discovery. The group dismisses the notion that he had only discovered this in the previous decade.

According to Spin, the lawsuit has now been dismissed in U.S. District Court in Central California. It was reported that Judge Fernando Olguin stated that the case had been dismissed "with leave to amend."

In order to oppose the Nirvana estate's motion to dismiss the lawsuit, Elden's legal team was given until last December 30, 2021, according to reports. However, they did not file an opposition before the time passed.

A second complaint must be filed by next Thursday (January 13) in order to be considered.

Legal Experts Weigh In

Lawyers have previously stated that they anticipated the lawsuit would be dismissed entirely. According to The Hollywood Reporter, Entertainment Litigation attorney Bryan Sullivan noted that the absence of a release form, as Elden argues, "does not mean he has a claim for child pornography".

The subsequent statement from Nirvana's representatives also mentioned that Elden had reproduced the album's cover photo on more than one occasion and that he got the title tattooed across his chest.

According to the initial complaint filed in August 2021, Elden is demanding $150,000 in damages from Dave Grohl, Krist Novoselic, the Kurt Cobain estate, album artwork photographer Kirk Weddle, and designer Robert Fisher, among others.

The record labels responsible for the album's release, which included Universal Music and Geffen Records, were also identified in the statement.

READ ALSO: Is Kanye West Dating Again? Rapper Spotted At Miami In A Balcony With Two Women