A California judge has dismissed the lawsuit filed by Spencer Elden- the naked baby pictured on the front of Nirvana’s insanely popular “Nevermind” album.
Elden attempted to sue almost every man and their dog who had ANYTHING remotely to do with the album, dead or alive.
The man claimed that at 4 months old when his photograph was taken, he could not give consent and alleges his legal guardians at the time also did not give their consent to have Elden’s naked image on the album cover.
Nirvana ‘Nevermind’ Baby Lawsuit Over Album Cover Has Been Dismissed by Judge
He is asserting the imagery is child sexual exploitation and attempted to sue surviving Nirvana band members, Dave Grohl and Krist Novoselic, and even Nirvana’s original drummer Chad Channing who was replaced by Grohl before “Nevermind” was even recorded.
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The estate of Kurt Cobain was also being sued, specifically, Cobain’s widow, Courtney Love who is the executor of Cobain’s estate, and music managers Guy Oseary and Heather Parry, who manage the approximate $50 million dollar estate.
Photographer Kirk Weddle and art director Robert Fisher are also on the list of those who Elden was attempting to sue along with a variety of record companies- including some that are now defunct- who have handled the “Nevermind” album in some capacity since its release 3 decades ago.
Elden is also suing Kurt Cobain himself, who died in 1994.
The attorneys for the gajillion defendants have banded together and two weeks ago asked for Elden’s lawsuit to be dismissed. The lawyers claimed the suit was time-barred and that, instead of taking them to court earlier (i.e. prior to the album celebrating its 30 year anniversary in 2021), Elden had “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby'”.
On Monday evening the judge presiding over the case granted the dismissal, however, it was not entirely over the case the defendants offered but because Elden missed his deadline to file an opposition to the defendants’ motion to dismiss.
The deadline was Dec. 30, 2021.
However, it’s not all over yet. Elden can amend the dismissal if he manages to get his act together and refile a new complaint by January 13.
If Elden does refile, and proves the defendants’ claims are not completely solid, the case will reopen. If not, the suit will be dismissed “without prejudice,” and the matter will be considered closed.
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