Photo: Getty Images
Earlier this year, Spencer Elden, the naked baby featured on Nirvana's iconic Nevermind cover, filed a lawsuit against the band claiming he "suffered and will continue to suffer lifelong damages” from the image. He additionally claimed the image was child pornography.
Back in December, Nirvana's attorney Bert H. Deixler filed a motion to dismiss the "absurd" suit because its statute of limitations has long since expired. “Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,’” the filing states.
“The Nevermind cover photograph was taken in 1991. It was world-famous by no later than 1992,” it added. “Long before 2011, as Elden has pled, Elden knew about the photograph, and knew that he (and not someone else) was the baby in the photograph. He has been fully aware of the facts of both the supposed ‘violation’ and ‘injury’ for decades.”
Deixler also argued the child pornography claims are baseless as its present "in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography) makes that clear.”
Elden's legal team failed to respond to Nirvana's motion by the December 30th deadline, leading Judge Fernando M. Olguin to dismiss his claim. Elden and his legal now have until Jan. 13 to file a second complaint, at which time. If a response is not filed by this deadline, they will nt be able to file again and continue their pursuit of damages against Nirvana. He is seeking $150,000 from each of the 15 defendants listed, which includes all of Nirvana's surviving members, Kurt Cobain's estate, the band's record label, and the cover art photographer.