A judge has once again dismissed a lawsuit over Nirvana's 'Nevermind' naked baby album cover.
is appealing the dismissal, his lawyers told NPR, arguing that the judge in the case has misinterpreted the federal child sexual exploitation law known as Masha's law. Elden says Nirvana and its record label have profited from child pornography by selling the album that famously features him on the cover."Most child pornography is traded well into the victim's adulthood," attorney Margaret Mabie said via email.
Elden, 31, was 4 months old when he was photographed underwater at the Pasadena Aquatic Center in California. A fishhook and dollar bill were later edited into the image. Elden says Nirvana's surviving members, Cobain's estate and others have"leveraged the lascivious nature of his image" to market and make millions of dollars off of the famous album.
But the defendants say Elden has himself previously sought to parlay his infant fame into adult profits, playing up his"Nirvana Baby" status by re-enacting the photo and autographing copies of the album. Elden's lawsuit, filed in August 2021, names Cobain's estate and former bandmates, along with photographer Kirk Weddle, Universal Music, Geffen Records, Warner Records and MCA Music. It seeks at least $150,000 in damages from each defendant, along with legal fees.
But Judge Fernando Olguin of the Central District Court in California dismissed Elden's suit with prejudice, ruling that he had waited too long to file suit. The judge cites the law's statute of limitations, which requires a child pornography victim to bring a claim either 10 years after they discover the violation or injury against them, or 10 years after they turn 18.
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