A US judge has dismissed a 31-year-old man's lawsuit against Nirvana over the band's iconic 1991 album cover, which featured him naked as a child.
31-year-old Spencer Elden said his appearance on the Nevermind album amounted to child abuse. On the other hand, the judge told the plaintiff that it is now too late to claim that he was exploited. Following this decision, his legal team told US media that they would appeal the decision.
The lawsuit focused on a photograph of Elden, which featured him swimming in a pool toward a dollar bill pierced with a fish hook. He argued that he had been unable to consent to the photograph being used. The 31-year-old was seeking $150,000 (£130,000) in damages.
Photographer Kirk Weddle was among the defendants, as were former Nirvana members Dave Grohl and Krist Novoselic, as well as Courtney Love, the widow of the late singer Kurt Cobain.
Elden filed his case in 2021, arguing that he was still within his rights to complain about the decade-old image because it had continued to cause him distress and loss of earnings into adulthood. The lawsuit was dismissed and then reinstated in January.
A Los Angeles judge ruled Friday that Elden filed his case beyond the 10-year statute of limitations.
Elden's parents were paid $200 (£173) for the photo in 1991 by what was then a relatively unknown group. Worldwide sales of Nevermind exceeded 30 million, making it one of the best-selling albums of all time.