[imagesource: Instagram / @JohnChapple]
So the naked baby on Nirvana’s Nevermind album cover has sued and resued Kurt Cobain’s estate for child pornography over the last couple of years.
Spencer Elden (above) claims he was photographed against his and his parents’ consent back when he was a four-month-old baby and has been trying to receive damages.
The thing is, Elden hit back a full 10 years after learning about the controversial cover for the band’s seminal 1991 album.
Saying that he waited too long to claim Nirvana sexually exploited him is precisely the argument that US District Judge Fernando Olguin in Los Angeles used to dismiss Elden once and for all, reported Sky News:
In his ruling, Judge Olguin wrote: “In sum, plaintiff fails to allege that he knew of a violation that occurred while he was a minor or an injury that forms the basis of the claim within ten years of filing this action.”
Nirvana members Dave Grohl and Krist Novoselic, Cobain’s widow Courtney Love, photographer Kirk Weddle, and several record labels were all included as the case’s defendants.
It didn’t help Elden that he gushed over the photo in an interview in 2003 at the age of 12 with Rolling Stone magazine, saying he was “probably gonna get some money from it”.
Later he even recreated the image (up top) as an adult in 2016 with “Nevermind” tattooed on his chest:
Only in August 2021, did Elden claim that he met the statute of limitations because of his injuries which included emotional distress, lost earning capacity, and “loss of enjoyment of life” continued into adulthood.
But the judge completely rejected this argument, worried that it would effectively permit Elden to sue Nirvana indefinitely.
Elden has filed three versions of his complaint over the years, but Olguin’s dismissal prevents him from filing a fourth.
The defendants’ lawyer said they are all thrilled that this “meritless case” has seen its final conclusion.
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