Court dismisses 'untimely' lawsuit against Nirvana album cover art indefinitely
Spencer Elden had accused band Nirvana of featuring child pornography on the album cover art
Nirvana has won the lawsuit over their Nevermind cover art after a year-long battle.
The band was sued by Spencer Elden–the baby featured on the cover of their album–who accused them of child pornography.
According to the U.S. District Judge, the claim is “untimely,” considering he did not “file his complaint within ten years after he discovered a violation.”
The judge continued, “Because the plaintiff had an opportunity to address the deficiencies in his complaint regarding the statute of limitations, the court is persuaded that it would be futile to afford plaintiff a fourth opportunity to file an amended complaint.”
“We are pleased that this meritless case has been brought to a speedy final conclusion,” Bert Deixler, a lawyer for Nirvana, told Reuters.
Elden’s lawyer, however, has informed Rolling Stone that he “intends to” appeal this ruling.
“The Nevermind cover was created at a time when Spencer was a baby and it is impossible for him to age out of this victimization while his image remains in distribution,” he retorted in defense.