"Spencer's image constitutes child pornography and each of the Nirvana defendants robbed our client of his dignity and privacy."Įven though the album cover is 30 years old, the former band members and the record company had continued to promote and distribute what Elden called child pornography during the last 10 years. "This unprecedented album cover is perhaps the first and only time a child’s full-frontal nudity has been used to sell a product," Elden's attorneys said in a statement at the time. In an amended complaint filed in January in Los Angeles, Elden had focused on the damages he endured during the past 10 years because the judge, in allowing him to revamp his claims, had instructed him to address the record company's argument that the statute of limitations had run out. Since any further attempt to revise the allegations would be futile, the judge dismissed the case with prejudice.Įlden's attorneys said in a statement that they disagreed with the judge's reading of the law and that they would appeal the ruling. The judge wasn't persuaded by Elden's arguments that a 10-year statute of limitations for civil claims didn't apply to the harm he claims to still suffer from his depiction on album cover.Ĭontrary to Elden's contentions, the judge said, the law under which he sued for damages applies to harm he may have suffered as a minor, not as a grown man. District Judge Fernando Olguin on Friday dismissed the claims by Spencer Elden against the estate of Kurt Cobain, Universal Music Group and the two other former members of the Seattle grunge band. LOS ANGELES (CN) - The man depicted on Nirvana's monumental 1991 album "Nevermind" when he was four months old and with his penis in full view waited too long to sue the former band members and the record label for child pornography, a federal judge said.
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