A judge has dismissed Spencer Elden’s lawsuit suing Nirvana for the use of his image on their 1991 album, Nevermind. 

Elden sued the band last year, alleging sexual exploitation and that the artwork was child sexual abuse.

He sued to claim that the artwork caused him “extreme and permanent emotional distress”, loss of wages, and “enjoyment of life”.

Nirvana filed to dismiss the suit last month, claiming that Elden’s case lacked merit. Their lawyers issued a statement, saying, “Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious”.

They continued, saying that Elden seemed to enjoy benefiting from being the infamous “Nirvana Baby”.

“He has re-enacted the photograph in exchange for a fee, many times; he has had the album title… tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women.”

A judge dismissed the case but gave Elden until January 13 to refile the case with appropriate changes.

Filed under: Nirvana