A lawsuit against Nirvana - filed by a man who claimed his depiction as a naked four-month-old baby on their album cover was child pornography - has been dismissed for the second time.

A photo of Spencer Elden swimming towards a dollar bill on a fishhook had appeared on the cover of the rock band's iconic album Nevermind in 1991.

But Judge Fernando Olguin threw out the case after ruling that no reasonable jury would consider the image pornographic, likening it instead to a "family photo of a nude child bathing".

"Other than the fact that plaintiff was nude on the album cover, nothing comes close to bringing the image within the ambit of the child pornography statute," he said.

Image: Nirvana's Dave Grohl, Kurt Cobain, and Krist Novoselic in August 1991. Pic: AP

Elden's legal team di

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