NEW YORK, United States — A
US federal judge has again
dismissed the child pornography lawsuit filed by the man who as a baby was
photographed naked for the cover of Nirvana's 1991 "Nevermind" album.
اضافة اعلان
Spencer Elden was seeking $150,000 in
damages from defendants including the surviving former members of the band,
Dave Grohl and Krist Novoselic, as well as the estate of the late lead singer
Kurt Cobain, and the photographer, Kirk Weddle.
In dismissing the suit on Friday, Judge
Fernando Olguin said the plaintiff failed "to allege that he knew of a
violation that occurred while he was a minor or an injury that forms the basis
of the claim within 10 years of filing this action," as required by the
statute under which he sued.
"Because plaintiff had an opportunity
to address the deficiencies in his complaint regarding the statute of
limitations, the court is persuaded that it would be futile to afford plaintiff
a fourth opportunity to file an amended complaint," the judge wrote.
Olguin had previously dismissed the case in
January 2022 after Elden's attorneys missed a deadline, but they refiled it
later that month.
Elden's attorneys said Saturday he will
appeal the ruling.
"The 'Nevermind' cover was created at
time when Spencer was a baby, and it is impossible for him to age out of this
victimization while his image remains in distribution," a statement from
Marsh Law Firm said.
In 1991, when he was four months old, Elden
was photographed naked in a swimming pool reaching for a dollar bill on a fish
hook, an image that became one of the most iconic album covers of all time.
The album went on to sell 30 million copies,
with songs such as "Smells Like Teen Spirit" becoming American pop
cultural touchstones.
But neither Elden nor his legal guardians
"ever signed a release authorizing the use of any images of Spencer or of
his likeness, and certainly not of commercial child pornography depicting
him," the lawsuit said.
The suit said Elden had suffered
"extreme and permanent emotional distress," as well as "lifelong
loss of income earning capacity."
Weddle, the photographer, was a friend of
Elden's father, the family told NPR in 2008.
They held a pool party during which Elden
was photographed underwater for the then-unknown band. Elden's parents were
paid $200 for the original shoot.
Read more Music
Jordan News
.jpg)
.jpg)
