Nirvana has received the dismissal of a lawsuit by a person who claimed his depiction as a unadorned four-month-old child on the quilt of the band’s seminal 1991 album “Nevermind” was baby pornography.
In a choice on Friday, U.S. District Decide Fernando Olguin in Los Angeles mentioned Spencer Elden waited too lengthy to assert Nirvana sexually exploited him, having sued greater than 10 years after studying concerning the cowl.
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Different defendants included Nirvana members Dave Grohl and Krist Novoselic, late lead singer Kurt Cobain’s widow Courtney Love, a number of report labels and photographer Kirk Weddle.
The lawsuit stemmed from Nirvana’s use of a photograph taken by Weddle in 1991 on the Pasadena Aquatic Heart in California, which depicted Elden swimming bare towards a greenback invoice pierced with a fish hook.
Elden was interviewed in 2003 at age 12 by Rolling Stone journal concerning the picture, saying he was “in all probability gonna get some cash from it,” and recreated the picture as an grownup in 2016 with “Nevermind” tattooed on his chest.
He however claimed in his lawsuit, which started in August 2021, that he met the statute of limitations as a result of his accidents together with emotional misery, misplaced incomes capability and “lack of enjoyment of life” continued into maturity.
The choose rejected that argument, saying it will successfully allow Elden to sue Nirvana indefinitely.
“In sum, plaintiff fails to allege that he knew of a violation that occurred whereas he was a minor or an harm that kinds the premise of the declare inside ten years of submitting this motion,” Olguin wrote.
Elden had filed three variations of his grievance, and Olguin’s dismissal prevents him from submitting a fourth.
A lawyer for Elden didn’t instantly reply on Saturday to requests for remark.
Bert Deixler, a lawyer for the defendants, mentioned: “We’re happy that this meritless case has been delivered to a speedy ultimate conclusion.”
“Nevermind” options the tune “Smells Like Teen Spirit.” Gross sales topped 30 million.
(Reporting by Jonathan Stempel in New York; modifying by Diane Craft)