The man featured as a infant on the cover of the band's iconic album the famous release has failed in his attempts to take legal action against the group for circulating child pornography.
At just four months old Spencer Elden was pictured floating unclothed below the surface on the 1991 LP's renowned cover.
He sued the musical group and photo artist the image creator, but a court official has ruled that "not the positioning, focal point, environment, or general circumstances indicate the record artwork features sexually explicit conduct"
A lawyer for Nirvana said: "We are pleased the judge has ended this baseless lawsuit and cleared our creative clients of the stigma of unfounded claims"
The plaintiff initially submitted a legal complaint in recent years, claiming that his identity and name were "forever tied to the commercial misuse he experienced as a child which has been distributed and marketed worldwide"
US District Judge Fernando Olguin dismissed it in the previous year because the claimant submitted it after the decade-long deadline for filing a civil case.
An appeals court reversed that ruling, permitting the plaintiff to resubmit the lawsuit.
However, the court has now decided that, aside from the fact Mr Elden was unclothed, no element came "near to placing the photograph within the ambit of the child pornography statute"
He compared the image to a family photo of a child in the bath, and stated it is "clearly inadequate to support a finding" of child pornography.
"Being unclothed must be combined with other circumstances that make the visual depiction sexually suggestive or arousing", Judge Olguin noted, citing from an previous decision.
The judge also mentioned considerations such as the attendance of Mr Elden's parents at the session, the reality the photographer was a friend, and the circumstance he had in the past "embraced and profited from being featured on the album cover"
Mr Elden's attorneys expressed they "courteously dissent" with the outcome and plan to appeal.
"As long as the entertainment industry prioritizes earnings over youth protection, consent, and respect, we will continue our pursuit for understanding and responsibility", stated James R Marsh of the Marsh Law Firm.
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- The Band Successfully Defend Legal Case Over Early 90s Record Artwork
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