AUSTIN, Texas - A lawsuit filed against the band Nirvana over an album cover has an Austin connection.
The photographer who took the photo lives in the Austin area. The band is being sued by Spencer Elden, the baby featured on the cover of Nirvana's 1991 album "Nevermind."
FILE - A general view of 'In Bloom: The Nirvana Exhibition', marking the 20th Anniversary of the release of Nirvana's Nevermind album, at the Loading Bay Gallery on Sept. 13, 2011, in London, England. A portion of the image has been blurred. (Photo b
Elden is now 31 years old and claims the album cover affected his life and the image was actually child pornography.
He sued the band, the record label and Kirk Weddle, who took the photo in Pasadena, California, at the request of Nirvana.
Last week, a district judge in Los Angeles dismissed the lawsuit. The Austin attorney who represents Weddle said he is grateful for the judge's decision.
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"He was excited. You know, it's never fun to be in a lawsuit, particularly one where you're accused of taking a photograph that's considered child pornography. We always felt very comfortable that it was not and still do. In addition, we knew that waiting 30 years to file the claim was a real problem for the plaintiff. And so we've always felt comfortable in our legal position and the Federal Court agreed with us. And Mr. Weddle, along with the other defendants, are very glad that this case is over for the time being," said Josh Romero, Weddle's attorney.
The judge dismissed Elden's lawsuit with prejudice, meaning he cannot file again. The decision is being appealed.
Elden's lawsuit also sought damages from Dave Grohl, Krist Novoselic and late lead singer Kurt Cobain's widow, Courtney Love.
The "Nevermind" album sold more than 30 million copies.