Rock band Nirvana breathed a sigh of relief after a lawsuit was filed against them by a man who claimed that his depiction as a naked baby, when he was just four months old, was child pornography.
The case was dismissed by US District Judge Fernando Olguin in Los Angeles stating that the man in question, Spencer Elden, took too long to claim that the band sexually exploited him as he sued more than 10 years after discovering the band’s 1991 album cover of Nevermind.
In his ruling, Judge Olguin wrote: "In sum, plaintiff fails to allege that he knew of a violation that occurred while he was a minor or an injury that forms the basis of the claim within ten years of filing this action."
The case defendants consisted of band members, Dave Grohl, Krist Novoselic, late singer Kurt Cobain’s widow Courtney Love along with multiple record labels and photographer Kirk Weddle.
The photo in question was Elden swimming naked towards a dollar bill hung on a fish hook.
He first filed the lawsuit in August 2021 claiming that he met with the statue of limitations as he had injuries which consisted of emotional distress, financial loss and "loss of enjoyment of life".