Nirvana has won a final dismissal of the child pornography lawsuit over the cover of the grunge band’s 1991 album Nevermind, which depicts a four-month-old naked baby.
The lawsuit was filed by Spencer Elden, who was depicted on the album cover, in a California federal court last year and named the band’s surviving members, Dave Grohl and Krist Novoselic, as well as Courtney Love — the widow of late lead singer Kurt Cobain and executor of his estate.
Rick Elden, his father, told NPR in 2008 that Kirk Weddle, a friend of his who took the photo, paid him $200 to throw his son into the pool for the shot. The band’s motion to dismiss then had said Elden profited from being on the album cover, that the statute of limitations had already passed and that the image is not sexually exploitative.
“Because [Elden] 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,” Olguin wrote in his ruling.
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