The so-called “Nirvana baby” is appealing after a judge dismissed his lawsuit against the band.
Spencer Elden filed his lawsuit against Nirvana in U.S. District Court in 2021.
Elden, now 31, was photographed swimming nude as an infant and the picture was used on the cover of Nirvana’s best-selling album “Nevermind.”
In the initial suit, Elden claimed that the circulation of his nude likeness was tantamount to child pornography and sought damages for emotional distress and lost earning capacity as an adult.
The band’s attorneys say Elden repeatedly bragged about being featured on the album cover and has charged money to recreate the now-famous photograph.