Nirvana and Universal Music Group have filed a motion to dismiss Spencer Elden's child pornography lawsuit regarding the iconic "Nevermind" album cover. Elden, who appeared as a baby on the 1991 album cover, filed the lawsuit in August 2021 at age 30.

The defendants argue the lawsuit is barred by statutes of limitations, as the child pornography claim has a 10-year limit and cannot address injuries known before 2011. They also note the sex trafficking law cited wasn't enacted until 2003 and cannot be applied retroactively.

Key points from the motion to dismiss:

• Elden has profited from his "Nirvana Baby" status for three decades
• He has recreated the photo multiple times for payment
• He has autographed album covers for sale
• He has a "Nevermind" chest tattoo
• The lawsuit was filed well past applicable statutory deadlines

The filing emphasizes that Elden cannot claim damages for actions that occurred before he turned 18, as he has openly acknowledged and capitalized on his connection to the album throughout his life.

The defendants maintain that Elden's failure to pursue legal action within the statutory period bars the claim, regardless of potential amendments. They seek dismissal with prejudice, which would prevent Elden from filing similar claims in the future.

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