You might have heard about the famous Nirvana album cover baby (now an adult) and his lawsuit against the band for featuring his naked form on the cover photograph.
Well, he just had that lawsuit tossed out by the judge in the case who gave him another thirty days to refile it and try again.
One thing that somewhat complicated Spencer Elden’s case was that, until recently, he embraced his identity as the Nirvana baby, a fact not lost on the band’s estate in their response to his lawsuit.
As Spin reports, Nirvana’s response addressed two of his major contentions, stating unequivocally that the photography was not child pornography and further pointing out that the statute of limitations had expired in this case.
Elden has until January 27 to reformulate his argument and try again though there’s no word yet on whether or not that will be happening.
“Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,’” the band’s estate said in the filing. They also stated that the statute of limitations for the suit expired over a decade ago. But the Nevermind cover photograph was taken in 1991. It was world-famous by no later than 1992… Long before 2011, as Elden has pled, Elden knew about the photograph, and knew that he (and not someone else) was the baby in the photograph. He has been fully aware of the facts of both the supposed ‘violation’ and ‘injury’ for decades,” Nirvana responded.
As far as lawsuits go, it's not the craziest thing we've covered.
Do you think the Nirvana baby has any legal standing in this case? Let us know your thoughts on his lawsuit in the comments if you like.
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