The judge of Los Angeles Fernando Olguin rejected the complaint in particular for reasons of prescription, according to a judicial document.
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A Californian judge rejected the pedopornography complaint filed by the baby, who has become an adult, who appears naked on the cover of the legendary album of Nirvana Nevermind, released in 1991, according to a judicial document dated Friday, September 2. Los Angeles Judge Fernando Olguin rejected the complaint in particular for prescription reasons, according to this document.
At the end of August 2021, a month before the thirtieth anniversary of the album’s release, Spencer Elden, now thirty, had filed a first complaint, followed by a second in January 2022 after a first rejection for other reasons , saying that he is a victim of “commercial exploitation of child pornographic images”.
Photographed in 1991 at the age of 4 months, Spencer Elden is naked in a swimming pool on Nevermind’s cover, eyeing a dollar ticket hanging on a hook. With legendary titles like Smells Like Teen Spirit, the cult album has sold more than 30 million copies, becoming a rock reference.
damages requested
The complainant, who said he had never received financial compensation for the photo and assured that his parents had not given an authorization to use his image in this way, demanded $ 150,000 in damages of the part of each of the fifteen people he was pursuing, in particular the former members of Nirvana, the testamentary executor of Kurt Cobain, Courtney Love, as well as the photographer Kirk Weddle.
In a note that replicating the complaint and paid to the file, their lawyers argued, on the contrary, that “Elden spent three decades taking advantage of his celebrity as” self -proclaimed “baby nirvana”. “He redid the photo in exchange for remuneration many times; he was tattooed the title of the album Nevermind on the chest (…), he dedicated copies of the album cover to sell them On eBay and he used this link to try to flirt with women, “they enumerated.