LOS ANGELES (AP) — A federal judge has dismissed the lawsuit of a 30-year-old man who alleged that the image of him nude as a baby on the 1991 cover of Nirvana’s “Nevermind” is child pornography.
The judge granted the motion by Nirvana’s attorneys to dismiss the case Monday, but said plaintiff Spencer Elden can refile an amended version of the suit.
Elden’s lawsuit said Nirvana and others connected with the band’s breakthrough album had caused him lifelong damages as they profited off the image.
Nirvana’s attorneys maintained that the lawsuit was not serious and was outside the statute of limitations for the laws it was based on.