Lawsuit over Nirvana album art featuring naked baby thrown out for a second time

A suit against Nirvana - filed by a antheral who claimed his depiction arsenic a bare four-month-old babe connected their medium screen was kid pornography - has been dismissed for the 2nd time.

A photograph of Spencer Elden swimming towards a dollar measure connected a fishhook had appeared connected the screen of the stone band's iconic medium Nevermind successful 1991.

But Judge Fernando Olguin threw retired the lawsuit aft ruling that nary tenable assemblage would see the representation pornographic, likening it alternatively to a "family photograph of a nude kid bathing".

"Other than the information that plaintiff was nude connected the medium cover, thing comes adjacent to bringing the representation wrong the ambit of the kid pornography statute," helium said.

Elden's ineligible squad did not instantly respond to requests for comment.

Nirvana's lawyer Bert Deixler said they were "delighted that the tribunal has ended this meritless lawsuit and freed our originative clients of the stigma of mendacious allegations".

The defendants included surviving Nirvana members Dave Grohl and Krist Novoselic, precocious pb vocalist Kurt Cobain's widow Courtney Love, and lensman Kirk Weddle.

The photograph was taken astatine the Pasadena Aquatic Centre successful California.

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Mr Elden archetypal sued the set and its statement Universal Music Group successful 2021, accusing them of sexually exploiting him done the representation and causing ongoing idiosyncratic harm.

Judge Olguin initially dismissed the lawsuit successful 2022 connected the grounds that Elden's claims were clip barred, without addressing the substance of the allegations. However, the 9th Circuit Court of Appeals reversed that determination successful 2023.

In a 2003 Rolling Stone interrogation erstwhile helium was 12, Elden acknowledged the photograph and said helium was "probably gonna get immoderate wealth from it".

However, successful his August 2021 lawsuit, Elden argued that his injuries - including affectional distress, mislaid earning potential, and diminished enjoyment of beingness - extended into adulthood, allowing him to conscionable the statute of limitations.

The justice dismissed this claim, stating it would efficaciously let Elden to writer Nirvana indefinitely.

Nevermind, which features the deed opus Smells Like Teen Spirit, has sold implicit 30 cardinal copies.