Imagine as an adult cheerfully exploiting your status as the kid on the front of Nevermind for years – telling everyone that’s you, repeatedly posing for recreations – and then when people stop caring enough and you’re not making any money off it any more, deciding to instead sue the band and the photographer and a bunch of other people (but not his parents who allowed the photo to be taken, of course – he claims they never signed a release, whatever dude) accusing them all of enabling child pornography.
And losing.
A federal judge again threw out a lawsuit by a man who accused grunge rock band Nirvana of distributing child sexual abuse images by using a photograph of him as a naked, swimming baby on the cover of its breakthrough 1991 album Nevermind.
US District Judge Fernando Olguin tossed out the lawsuit filed by plaintiff Spencer Elden for a second time after finding that no reasonable jury would consider the picture pornographic.
“Other than the fact that plaintiff was nude on the album cover,” nothing “comes close to bringing the image within the ambit of the child pornography statute,” Olguin said.