More than a year after the lawsuit against Nirvana was filed by the kid featured in the album art of their 1991 album "Nevermind," the case has been dismissed; how did they win the case?
According to BBC News, Spencer Elden, now 31, previously claimed that his naked photo as a baby featured in the cover constituted child sexual abuse.
However, a US judge dismissed the case, saying that it was too late for him to claim that the band exploited him.
In addition, Elden doesn't have the right to re-file the lawsuit, but his lawyers confirmed that they would appeal in court.
The photo in question features a naked baby swimming and appeared to reach a one-dollar bill attached to a fishing hook.
The image became iconic as it was used on the album cover of Nirvana's 1991 record "Nevermind."
Among the defendants were Courtney Love, Dave Grohl, Krist Novoselic, and photographer Kirk Weddle.
First filed in August of 2021, the case had been dismissed but the appellant re-filed the case in January.
Spencer Elden vs Nirvana
Last year, Elden made rounds online after filing the lawsuit against the legendary band.
Variety previously reported that the photo didn't constitute child pornography, and the album art was meant to portray a strong visual of capitalism.
In addition, photos of a naked child and infant that are not sexualized are not an illegal act in the United States.
At the time of the filing, Elden was seeking $150,000 from the defendants mentioned above.
In addition, art director Robert Fischer, and more people who contributed to the photo's creative production are also named in the case.
His lawyer, Robert Y. Lewis, previously noted that some people may interpret the photo as child pornography and the depiction of the child reaching out for money makes him look "like a sex worker."
Even though his photo became one of the most iconic images in pop culture, Edler claims that he suffered lifelong damage.
Insider reported that the "Nevermind" album is very recognizable and Edler's name will be forever connected to the "commercial sexual exploitation" he experienced during his childhood.
Lewis also added that his parents never signed any contract or release papers that give Nirvana permission to distribute the photo.
Edler previously spoke to GQ Australia about his appearance on the album, saying his views had already changed and he's "pissed off" about it because he didn't have a choice.
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