LOS ANGELES — A judge has dismissed a lawsuit filed against the surviving members of the band Nirvana that centered around the cover art for the hit album “Nevermind.”
In August, Spencer Elden, who appeared nude as a baby on the iconic album cover sued the band, alleging child pornography and sexual exploitation, as we previously reported. In the lawsuit, Elden claimed he had suffered “lifelong damages” from the photo’s use.
Nirvana filed to dismiss the lawsuit in December, saying that until recently Elden had enjoyed his association with the photo, The BBC reported.
While judge Fernando Olguin dismissed the case, he did offer Elden a last chance to amend his complaint and file a response until Jan. 13, USA Today reported. If no response is filed, the case will be closed.