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Poster of the famous Nirvana cover in London (archive image)
Photo: Samir Hussein / Getty Images
He became world famous as the naked baby on the cover of the Nirvana album »Nevermind«, now Spencer Elden has failed with a lawsuit against the band.
A judge in California rejected the lawsuit, reports several media outlets, including "Variety" and the music magazine "Spin".
The now 30-year-old Elden had argued that the nude representation on the record cover was child pornography and violated US law as sexual exploitation.
His parents never gave written permission for the photo to be published.
According to Variety, the plaintiff demanded at least $ 150,000 in damages from each defendant, including former band members Dave Grohl and Krist Novoselic, Kurt Cobain's wife Courtney Love, photographer Kirk Weddle and representatives of the record company.
Lawyers: allegations "not to be taken seriously"
The lawyers of the now disbanded band moved last month to dismiss the lawsuit.
"Elden's claim that the photo on the" Nevermind "album cover was" child pornography "should not be taken seriously," said the lawyers.
Everyone who owns the album is guilty of possession of child pornography, according to Elden's argument.
In addition, Elden also enjoyed the reputation of being a “nirvana baby”.
Elden's lawyers had until December 30 to respond to the motion to dismiss the lawsuit, but they missed the deadline.
As a result, the California judge dismissed the lawsuit "with permission to amend."
This means that Eldens attorneys have until January 13th to resubmit the lawsuit with appropriate amendments.
Spencer Elden was four months old when the controversial picture was taken in a swimming pool in Pasadena in 1990.
Allegedly it was Nirvana front man Kurt Cobain who chose the portrayal for the cover design.
ptz