‘Nevermind’ naked baby cover lawsuit against Nirvana dismissed

National

Spencer Elden, now 30, is alleging that the image violates child pornography laws. (Samir Hussein/Getty Images)

TAMPA (NBC) – A judge dismissed a lawsuit against the rock band Nirvana over their iconic 1991 “Nevermind” album cover, which depicts a baby swimming naked in a pool.

Spencer Elden, who was photographed in a Pasadena, California, swimming pool at the age of 4 months and is now 30, filed the lawsuit in August, alleging child pornography. The photo was digitally imposed to include a dollar bill on a fishhook to make it look like Elden was trying to grab it.

On Monday, Judge Fernando M. Olguin with the U.S. District Court for the Central District of California dismissed the lawsuit after Elden missed a Dec. 30 deadline to file an opposition to the defendants’ request that the suit be tossed out.

Elden was seeking $150,000 from each of the 17 named defendants, including record executives, Nirvana band members, and Courtney Love, the former wife of former Nirvana lead singer Kurt Cobain, according to Variety.

The lawsuit claimed that the image crosses the line into child porn and makes the baby appear “like a sex worker.”

Elden has recreated the pose several times as a teenager and adult, diving into pools to pose (wearing swim trunks) on the album’s 10th, 17th, 20th and 25th anniversaries.

You can read more about this story on NBCNews.com

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