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| Spencer Elden |
A lawsuit from the now-adult infant who graced the cover of the band’s 1991 landmark album “Nevermind” was tossed out Friday — as a federal judge said never mind to claims the grunge rockers engaged in child porn.
Spencer Elden, 31, had argued that the shot of him in the nude swimming towards a dollar bill on a fish hook amounted to child porn.
US District Judge Fernando Olguin of Los Angeles said Elden had waited far too long to take legal action against the legendary grunge rockers in a suit that named several record labels, drummer Dave Grohl, bassist Krist Novoselic, Kurt Cobain’s estate and photographer Kirk Weddle.
Elden alleged last year that the photo caused him “lifelong damage,” though he has the album title tattooed across his chest and recreated the famous picture in 2016 to pay homage to the seminal record on its 25th anniversary.
In a 2003 interview with Rolling Stone, a 12-year-old Elden predicted he would probably “get some money from” his contribution to the album, which went triple diamond and revamped the face of popular rock music on the strength of the smash hit “Smells Like Teen Spirit.”
Nirvana — a previously underground group on an independent label — paid Elden’s family $200 to dunk the 4-month old in a pool at the Pasadena Aquatic Center in California before their major label debut made a splash.
Elden got the gig because his father was friends with photographer.
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