Too Little, Too Late: Judge Dismisses ‘Nevermind’ Child Porn Case Against Nirvana

Spencer Elden, who was pictured in 1991 on the cover of the legendary album, said that the photo caused "permanent emotional distress" despite the fact he himself recreated the image several times and even has the word Nevermind tattooed across his chest.

The drama around the iconic child photo on the cover of Nirvana’s Nevermind album has finally come to an end as US District Judge Fernando Olguin of Los Angeles tossed out Spencer Elden’s case accusing Nirvana of engaging in child porn for using his infant photo. According to the judge, Elden waited far too long to take legal action.

Elden, who was four months old when the photo was taken, alleged that it caused him "lifelong damage" and sued drummer Dave Grohl, bassist Krist Novoselic, Kurt Cobain’s estate and photographer Kirk Weddle, as well as several Nirvana-linked music labels.

FILE - In this Sept. 2, 1993 file photo, Nirvana band members, Chris Novoselic, from left, Dave Grohl, and Kurt Cobain pose, with an unidentified man, right, after receiving an award for best alternative video for "In Bloom" at the 10th annual MTV Video Music Awards in Universal City, Calif.

© AP Photo / Mark J. Terrill

He had filed three versions of the suit, but the judge’s ruling prevented him from filing another one.