The man who was featured as a child on the cover of an iconic Nirvana album has lost a lawsuit accusing the grunge rock band of child pornography.
Los Angeles artist Spencer Alden, now 31,in the US District Court for the Central District of California in 2021, alleging that appearing naked as a 4-month-old infant on the cover of the 1991 album “Nevermind” caused him emotional distress and ability to learn as an adult Got lost.
Alden attempted to prosecute former band members Krist Novoselic, Chad Channing, David Grohl and Robert Fischer; Kurt Cobain’s estate; to his widow Courtney Love and others for $150,000 each.
According to the lawsuit, Alden’s lawsuit claimed that the musicians “commercially marketed Spencer’s child pornography and took advantage of the shocking nature of his image to promote himself and his music at their own expense.”
motion for dismissal
Over 30 million copies of the album, which depicts Alden swimming naked in a pool, reaching for a superimposed dollar bill on a fish hook, have been sold worldwide.
United States District Judge Fernando M. Olguín ruled Friday that Alden had waited too long to file a lawsuit after he learned of the album cover more than 10 years ago.
The judge dismissed the case in January after Alden’s lawyers missed the deadline to file a protest to dismiss the defendant’s motion.
The defendants’ motion to dismiss Alden’s lawyers was allowed to file a second amended complaint relating to the “alleged defect”.
Lawyers for Nirvana to reject the offer argued that Alden had profited from his portrayal on the album cover for three decades.
“He has rediscovered the picture several times in exchange for a fee; he has the album ‘Nevermind’ tattooed on his chest; he has appeared on a talk show wearing a self-parody, nude husky; he There are autographed copies of album covers for sale on eBay; and they’ve used the connection to try to pick women up,” he said.