The lawsuit alleging that the cover of Nirvana‘s Nevermind album constitutes child pornography has been dismissed, Variety reports.
As previously reported, 30-year-old Spencer Elden sued Nirvana this past August, alleging that the group committed “commercial child sexual exploitation” of him with the artwork for their 1991 RIAA Diamond-certified record. The now-iconic cover features a photo of Elden, then a four-month-old baby, swimming naked underwater while reaching for a dollar bill.
Elden’s suit named surviving Nirvana members Dave Grohl and Krist Novoselic, as well as the late Kurt Cobain and his widow, Courtney Love, along with the Nevermind cover shoot photographer and art director, and various record labels. Ex-Nirvana drummer Chad Channing, who’d left the band in 1990, was also named in the initial suit, but was later dropped as a defendant.
This past December, lawyers for Nirvana filed to dismiss the suit, arguing not only that Elden’s claims are “not serious” and “absurd,” but also that statute of limitations on the allegations had expired.
As Variety reports, Elden had until December 30 to respond to the dismissal motion. However, because Elden missed the deadline, the judge in the case dismissed the suit.
Notably, Elden still has an opportunity to refile his suit by January 13, as the judge dismissed the case “with leave to amend.”
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