Spencer Elden has had his latest attempt at suing Nirvana over his claims of “sexual exploitation” dismissed in US District Court in Los Angeles. This is the third such time he’s attempted to sue the band, and this dismissal means there won’t be a fourth time. A previous claim was dismissed in January, as Elden’s legal team failed to file an opposition to a Nirvana estate request. A new deadline was set, the appropriate paperwork was seemingly submitted and it came before the court.
The case stems from the use of a photo of Elden shot in 1991, aged four months old, naked, swimming and used as the cover for Nirvana’s arguably iconic album, Nevermind. He claimed he was unable to give his permission at that time (being only 4 months old) and that it was “sexual exploitation” and “child pornography”. The judge disagreed.