A judge in California has dismissed a case taken against rock act Nirvana by the man pictured as a baby on the cover of the band's album Nevermind album.
Spencer Elden had sued for damages of at least $150,000 from each of the 15 named defendants in the case - including band members Kurt Cobain, Dave Grohl, and Krist Novoselic and Cobain's widow Courtney Love.
The now 30-year-old Mr Elden had alleged in the court cases that the defendants produced child pornography with their use of the image.
The cover of Nirvana’s breakthrough 1991 album shows Mr Elden as a four-month-old baby in a swimming pool, naked and reaching for a dollar note attached to a fishing line.
Music magazine Spin reports that Judge Fernando M Olguin threw out the case after Mr Elden's legal team missed a deadline on December 30 to file an opposition to a Nirvana request to dismiss the claim.
Reports say that Mr Eldon has until January 13 to refile his claim.
In 2016, Mr Elden recreated the image with a photographer to mark Nevermind’s 25th anniversary.
"It's been strange growing up as the star of one of the most famous album artworks of the century." He said at the time.
