In 1991, when he was four months old, Elden was photographed naked in a swimming pool reaching for a dollar bill on a fish hook, an image that become one of the most iconic album covers of all time. 'We are confident that Spencer will be allowed to move forward with his case,' Lewis said. In a statement to AFP on Tuesday his lawyer Robert Lewis said they would do so 'very soon.'

The federal judge dismissed the case Monday as Spencer Elden's legal team had missed a deadline to file an opposition to Nirvana lawyers' December motion to drop the case.Įlden's team has until January 13 to refile. “Cobain chose the image depicting Spencer - like a sex worker - grabbing for a dollar bill that is positioned dangling from a fishhook in front of his nude body with his penis explicitly displayed,” the lawsuit says.LOS ANGELES, United States - Last year, the man who as a baby was photographed naked for the cover of Nirvana's 'Nevermind' album sued the band for sexual exploitation - and now a California judge has dismissed the case on procedural grounds. When the cover was shot, Nirvana was a little-known grunge band with no sense they were making a generation-defining album in “Nevermind,” their first major label release, whose songs included “Smells Like Teen Spirit,” “Come as You Are” and “Lithium.” Elden’s father was a friend of the photographer, Kirk Weddle, who took pictures of several swimming babies in several scenarios at the Rose Bowl Aquatic Center in Pasadena, California. “If there is a 30th anniversary re-release, he wants for the entire world not to see his genitals,” Mabie said.

Elden also wants any new versions of the album altered. Mabie said despite the photo being 30 years old, the lawsuit is within the statute of limitations of federal child pornography law for several reasons, including the fact that the image is still in circulation and earning money.

Nirvana nevermind cover illegal