Nirvana win lawsuit over 1991 Nevermind album cover

A US judge dismissed a man’s most recent lawsuit against Nirvana because it was based on the band’s renowned 1991 album cover, which portrayed him as a naked baby.

The 31-year-old Spencer Elden alleged that being featured on the Nevermind album cover amounted to a child sex assault.

However, the judge argued that he brought up the subject of being taken advantage of too late.

Mr. Elden’s legal options are now essentially over because he cannot re-file the case, although his legal team told US media that he will appeal the ruling.

The image of Mr. Elden swimming naked in a pool toward a dollar bill that had been pierced by a fish hook served as the focal point of the lawsuit.

He insisted that he was unable to provide his consent for the usage of the image. In total, he sought $150,000 (£130,000) in damages.

Courtney Love, the widow of the late singer Kurt Cobain, former Nirvana members Dave Grohl and Krist Novoselic, and photographer Kirk Weddle, were among those charged.

In 2021, Mr. Elden filed his complaint, arguing that he was still entitled to do so because the picture had continued to bother him and cost him money well into adulthood.

The lawsuit was re-filed in January after being dropped.

According to a Los Angeles judge’s ruling on Friday, the 10-year statute of limitations had passed by the time Mr. Elden filed his claim.

The result was applauded by the defence attorney, who described the case as “meritless.” By pointing out that Mr. Elden later imitated the moment from the photos, the defence argued that Mr. Elden had taken delight in his status as the “Nirvana baby.”

A band that was at the time comparatively unknown paid the parents of Mr. Elden $200 (£173) for the picture in 1991.

Once Nevermind sold 30 million copies worldwide, it was among the best-selling albums of all time.