A federal judge in California has dismissed the lawsuit that was brought again the band Nirvana. Spencer Elden claimed that the picture of him on Nirvana’s Nevermind album was “child pornography.”
Spencer Elden, who was photographed as a 4-month-old for the image that would become the cover, filed the lawsuit in federal court in August 2021, claiming that he was the victim of “commercial sexual exploitation.” Elden, now 31, asked for $150,000 in damages from 15 defendants, including living former band members Dave Grohl and Krist Novoselic and singer Kurt Cobain’s widow, Courtney Love, as well as Cobain’s estate managers, photographer Kirk Weddle, and art director Robert Fisher.
The verdict was given this past Friday. Judge Fernando Olguin dismissed the lawsuit. She says that Spencer Elden waited too long to file the suit. The album was released 31 years ago in 1991. It was also ordered that Elden couldn’t file a new attempt of his complaint.
“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,” Olguin wrote.
Dave Grohl has commented on the lawsuit in an interview with The Sunday Times late last year.
In that interview, he seemed to suggest a willingness to alter the artwork: “I have many ideas of how we should alter that cover but we’ll see what happens. We’ll let you know. I’m sure we’ll come up with something good.” However, Grohl said he was letting his lawyers deal with the lawsuit: “I think that there’s much more to look forward to and much more to life than getting bogged down in those kinds of things. And, fortunately, I don’t have to do the paperwork.”
Source BuzzFeedNews | Source Yahoo!Life
