A lawsuit in opposition to Nirvana – filed by a person who claimed his depiction as a unadorned four-month-old child on their album cowl was baby pornography – has been dismissed for the second time.
A photograph of Spencer Elden swimming in direction of a greenback invoice on a fishhook had appeared on the duvet of the rock band’s iconic album Nevermind in 1991.
However Choose Fernando Olguin threw out the case after ruling that no affordable jury would think about the picture pornographic, likening it as a substitute to a “family photo of a nude child bathing”.
“Other than the fact that plaintiff was nude on the album cover, nothing comes close to bringing the image within the ambit of the child pornography statute,” he stated.
Picture:
Nirvana’s Dave Grohl, Kurt Cobain, and Krist Novoselic in August 1991. Pic: AP
Elden’s authorized group didn’t instantly reply to requests for remark.
Nirvana’s lawyer Bert Deixler stated they had been “delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations”.
The defendants included surviving Nirvana members Dave Grohl and Krist Novoselic, late lead singer Kurt Cobain’s widow Courtney Love, and photographer Kirk Weddle.
The picture was taken on the Pasadena Aquatic Centre in California.
Picture:
Nirvana performs dwell in 1991. Pic: AP
Mr Elden first sued the band and its label Common Music Group in 2021, accusing them of sexually exploiting him by way of the picture and inflicting ongoing private hurt.
Choose Olguin initially dismissed the case in 2022 on the grounds that Elden’s claims had been time barred, with out addressing the substance of the allegations. Nonetheless, the ninth Circuit Court docket of Appeals reversed that call in 2023.
In a 2003 Rolling Stone interview when he was 12, Elden acknowledged the picture and stated he was “probably gonna get some money from it”.
Nonetheless, in his August 2021 lawsuit, Elden argued that his accidents – together with emotional misery, misplaced incomes potential, and diminished enjoyment of life – prolonged into maturity, permitting him to satisfy the statute of limitations.
The decide dismissed this declare, stating it will successfully permit Elden to sue Nirvana indefinitely.
Nevermind, which options the hit tune Smells Like Teen Spirit, has offered over 30 million copies.
