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Neither the plaintiff nor his legal guardians signed a document authorizing the use of the photograph
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The album sold 30 million copies
The lawsuit of the American whose nude baby photo was Nirvana album cover “Nevermind” has been archived by a California federal judge, according to court documents.
The magistrate has archived the case this Monday because the plaintiff’s defense, Spencer Elden, did not respond in time to a request submitted in December by the rock band’s lawyers to dismiss the claim as unfounded.
The judge gave Elden one last term, until January 13, 2022, to file a new lawsuit. But his attorney, Robert Lewis, said in a statement that they will “very soon”. “We are confident that Spencer (Elden) will move forward with this case,” he said.
The photograph
Elden was photographed in 1991, at four months, naked in a pool and trying to reach for a dollar bill hooked on a hook, in what would become one of the most famous album covers of all time.
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But neither Elden nor their legal guardians “signed a document authorizing the use of photographs of Spencer or his image “and did not receive any financial compensation for their use.
The album sold 30 million copies. And Elden’s parents received $ 200 each for the son’s photo.
Reference-www.elperiodico.com