A judge in California has dismissed a lawsuit against Nirvana made by Spencer Elden, who appeared as a naked baby on the cover of their album Nevermind.
Elden launched a child pornography lawsuit against the band last year, alleging sexual exploitation, and that the artwork constituted child sexual abuse.
The 1991 album depicts a naked four-month-old baby reaching for a dollar bill in a swimming pool. Elden's attorney Maggie Mabie said it's time to "end this child exploitation and violation of privacy."
Now 30, Elden said the infamous image had caused him "extreme and permanent emotional distress" as well as loss of wages and "enjoyment of life".
Elden alleged that the image displayed his genitals without his consent.
He claimed that neither he nor legal his guardians signed a release authorizing the use of his photo on the cover and that the band's frontman, Kurt Cobain, had promised to conceal his crotch with a warning sticker.
He sought at least $150,000 in damages from the remaining members of the band, Cobain's estate, and from photographer Kirk Weddle, who took the original image.
Nirvana filed to dismiss last month, saying Elden's arguments lacked merit.
"Elden's claim that the photograph on the Nevermind album cover is 'child pornography' is, on its face, not serious," the band's lawyers said, noting that anyone who owned a copy of the record would "on Elden's theory [be] guilty of felony possession of child pornography".
They continued by noting that, until recently, Elden had seemed to enjoy the notoriety of being the "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."
The motion was filed by lawyers representing surviving Nirvana members Dave Grohl and Krist Novoselic; Kurt Cobain's widow Courtney Love; and Kirk Weddle, the photographer of the cover image.
Regardless of the merits of Elden's case, they argued, the statute of limitations on his claims had expired in 2011, meaning he was too late to sue.
Elden's team had until December 30 to respond to Nirvana's motion to dismiss, however, missed the deadline.
As a result, Judge Fernando M Olguin dismissed the case "with leave to amend" - meaning his team has until January 13 to refile the case with appropriate changes.
