The man who was photographed as a baby on the cover of Nirvana's classic album Nevermind has failed in his attempts to sue the band for distributing child pornography.
A four-month-old Spencer Elden was pictured swimming naked underwater on the 1991 LP's famous cover.
He sued the rock band and photographer Kirk Weddle, but a judge has ruled that 'neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct'.
A lawyer for Nirvana said: 'We are delighted the court has ended this meritless case and freed our creative clients of the stigma of false allegations.'
Mr Elden originally filed a lawsuit in 2021, arguing that his identity and name were 'forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide'.
The case was dismissed in 2022 by US District Judge Fernando Olguin because Mr Elden submitted it after the 10-year limit for filing a civil case.
An appeals court subsequently allowed Mr Elden to refile, leading to the recent ruling that described the image as more akin to a family photo than child pornography.
The judge cited factors such as the presence of Mr Elden's parents, the friendship with the photographer, and Mr Elden's previous embrace of the album cover's fame.
Mr Elden's legal team expressed disappointment and plans to appeal, emphasizing the ongoing battle for privacy and dignity in the entertainment industry.
