Nirvana: Baby on Nevermind album sees case dismissed

A US judge on Tuesday dismissed the case of a man who as a baby was photographed naked on the cover of Nirvana's "Nevermind" album.

The man, who was just a few months old when the photo was taken, sued the American rock band on the grounds of sexual exploitation.

The album has gone on to sell more than 30 million copies worldwide.

No payment for the photo

According to court documents, Spencer Elden, now 30, never received any compensation for the image. He asked for $150,000 (€133,000) in damages from each of the 15 defendants — including the surviving former members of the band, Dave Grohl and Krist Novoselic, as well as the estate of the late lead singer Kurt Cobain, and the photographer, Kirk Weddle.

But on Tuesday, California judge Fernando Olguin, sided with the defense, which had argued the accusation lacked merit.

"Elden's claim that the photograph on the Nevermind album cover is 'child pornography' is, on its face, not serious," the defense said, noting that anyone who owned a copy of the album would "on Elden's theory [be] guilty of felony possession of child pornography."

He used the notoriety 'to try to pick up women'

Defense lawyers argued Elden had until recently seemed to enjoy the notoriety of being the "Nirvana baby."

"He has re-enacted the photograph in exchange for a fee, many times; he has had the album title... tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women," the band's lawyer Bert H. Deixler wrote in a 22-page motion, filed last month.

Defense lawyers also said the statute of limitations on Elden's claims had expired in 2011.

The prosecution has until January 13 to refile, which they have vowed to do.

jsi/rt (AFP, dpa)