Jan. 4 (UPI) — A judge from the U.S. District Court in Central California has dismissed a lawsuit filed against the surviving members of Nirvana over the album cover to Nevermind.
Spencer Elden, 30, was photographed as the naked baby swimming on the cover of the 1991 album and filed the lawsuit in August alleging that he was the victim of child pornography.
Elden stated in the lawsuit that the image portrays him “like a sex worker” and has caused him “lifelong damages.” The lawsuit seeks $150,000 from photographer Kirk Weddle, surviving Nirvana members Dave Grohl and Krist Novoselic and Courtney Love, the executor of late frontman Kurt Cobain’s estate.
Former Nirvana drummer Chad Channing, who left the band before Nevermind was recorded, and several existing and defunct record companies that were involved in the release of Nevermind over the decades, were also named as defendants.
Judge Fernando M. Olguin presided over the cause on Monday and dismissed the lawsuit after Elden failed to file an opposition to the defendants’ motion to dismiss by Dec. 30.
The defendants filed a motion to dismiss on Dec. 22 stating that Elden has profited from being on the album cover as the self-anointed Nirvana Baby. The motion to dismiss also stated that the statute of limitations has passed and that the image is not sexually exploitative.
The judge dismissed the lawsuit “with leave to amend,” meaning that Elden has 10 days to refile a new complaint. If Elden misses the Jan. 13 deadline, the suit will be dismissed without prejudice, which would close the case.
The defendants will have until Jan. 27 to reply if Elden refiles a new complaint on time.
Elden has previously recreated the pose as a teenager and adult to celebrate the 10th, 17th, 20th and 25th anniversaries of the album’s release.
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