Spencer Elden, who appears naked in the photo of the cult album "Nevermind" by the group Nirvan, was not successful.
One of the world's most famous babies has been dismissed from his “child pornography” complaint, reports Spin magazine.
Spencer Elden denounced the use of his image on the cover of this opus released in 1991 and which notably includes the hit “Smells like teen spirit”.
The image shows him in the water, naked and swimming towards a dollar bill that was added after the snapshot was taken.
A California judge dismissed his request on Monday.
He relied mainly on the failure by defenders of Spencer Elden to comply with a procedural deadline.
Thirty years of repercussions against "permanent stress"
The managers of the group's legacy had put forward the fact that Elden benefited for three decades from the fallout from this album.
They also argued that the prescription has been running for about ten years and denied any child pornography.
They finally recalled that Elden called himself Baby-Nirvana and tattooed the album on his chest.
Spencer Elden for his part pointed out that he could not give his consent when he was only four months old, the age he was when the photo used on the album cover was taken.
He also claimed that this exposure caused him "permanent and extreme stress with physical manifestations".
This situation weighed on his education, his employment opportunities, the income that went with it and, more generally, on his ability to "enjoy life", also lamented the American.