When he was just four-months-old, Spencer Elden appeared on the cover of the seminal Nirvana album, Nevermind. Over the last few years though, Elden has levied a number of lawsuits against the group, claiming because he was naked in the photo, the album constitutes child pornography.
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Elden’s third and latest lawsuit against the surviving members of the band, Dave Grohl and Krist Novoselic, as well as the estate of Kurt Cobain, photographer Kirk Weddle, and numerous record labels, was just dismissed in a Los Angeles court, with lawyers representing the band saying the suit has come to a “final conclusion.”
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District Judge Fernando Olguin wrote, per NME, “In short, because it is undisputed that [Elden] did not file his complaint within ten years after he discovered a violation… the court concludes that his claim is untimely.
“Because plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint.”
Bert Deixler, a lawyer for Nirvana, added, “We are pleased that this meritless case has been brought to a speedy final conclusion.”
Elden has already announced plans to appeal the decision.
His lawyer, Margaret Mabie, said, “Under this reading of the law, child pornography remedies vaporize once the victim in the contraband image turns 28 years old. Under this logic, any child pornography producer […] could simply wait out the clock and then re-distribute abusive material with impunity.
The Nevermind cover was created at a time when Spencer was a baby and it is impossible for him to age out of this victimization while his image remains in distribution.”
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