Spencer Elden claimed that appearing on the covers was child sexual abuse.
Spencer Elden against the band Nirvana over the cover of the cult album Nevermind, which was released in 1991, the BBC reports. On this cover, Elden, who was an infant at the time, is depicted naked.
In his lawsuit, the man claimed that his appearance on the album cover constituted child sexual abuse. But the judge said that the man came forward with the allegation of exploitation too late.
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Elden has practically exhausted all legal options, since he cannot file a lawsuit again. But his legal team said they would appeal the decision.
The lawsuit is related to a photo that was taken when Elden was a child. He swims naked in the pool next to a dollar bill attached to a fishing hook. The man claimed that he could not consent to the use of the image and demanded $150,000 in compensation.
The defendants in the case were photographer Kirk Weddle, former members of the Nirvana band Dave Grohl and Krist Novoselic, as well as the widow of the late singer Kurt Cobain Courtney Love.
Elden filed a lawsuit in 2021, arguing that he still had the right to complain about the image because it continued to cause him distress and interfered with his career as an adult.
< p>After that lawsuit was dismissed, Elden filed a new one in January of this year. But the judge said that the case is no longer relevant due to the 10-year statute of limitations. The defense lawyer noted that the case was “baseless.” Defense representatives also noted that Elden liked the fame that the photo brought him.
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In 1991, Elden's parents received $200 for a picture placed on the album cover of an almost unknown group. Nevermind sold over 30 million worldwide, making it one of the best-selling albums of all time.
