Nirvana win ‘Nevermind’ baby lawsuit in “final conclusion” to case

nme.com:

Nirvana‘s second album ‘Nevermind’ (1991) constitutes child pornography has been dismissed by a US District Judge in Los Angeles.Spencer Elden, who appeared as a baby on the classic record’s front cover, had sought damages from the surviving members of the band (Dave Grohl and Krist Novoselic) as well as the estate of Kurt Cobain, photographer Kirk Weddle, and numerous record labels.Elden, now 31-years-old, was four months old when he was photographed by Weddle for the artwork.The latest ruling will prevent Elden from filing a fourth lawsuit.

Lawyers representing Nirvana have in turn claimed that the suit has come to a “final conclusion”, although Elden has said he will appeal.“In short, because it is undisputed that [Elden] did not file his complaint within ten years after he discovered a violation… the court concludes that his claim is untimely,” District Judge Fernando Olguin wrote (via Rolling Stone).“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.”Bert Deixler, a lawyer for Nirvana, told Reuters: “We are pleased that this meritless case has been brought to a speedy final conclusion.”Stating that Elden “intends to appeal” the decision, his lawyer Margaret Mabie added: “Under this reading of the law, child pornography remedies vaporise once the victim in the contraband image turns 28 years old.