The U.S. Court of Appeals for the Ninth Circuit relaunched a lawsuit Thursday initially filed by Spencer Elden against the 90s rock band, Nirvana, Billboard reported.
Elden was featured completely naked on the band’s iconic 1991 album cover, “Nevermind,” when he was just an infant. Now in his 30s, he claims his image was used in violation of child pornography laws, according to Billboard. In 2022, his initial 2021 lawsuit was deemed to have been filed way later than the 10-year statutory limit, but it has now been resurrected by the appeals court. The photograph was of Elden as a baby, floating in a swimming pool, seemingly chasing a dollar bill attached to a fish hook. His genitalia was prominently featured.
Nirvana Child Porn Lawsuit Over ‘Nevermind’ Album Cover Revived | Click to read more 👇 https://t.co/KRVlPoEI1X
— TMZ (@TMZ) December 21, 2023
“Nevermind” has long been considered as being one of the most iconic album covers in rock history. It spent 554 weeks on the Billboard 200 chart, having hit the top slot in January 1992 and sold over 30 million copies, according to Billboard.
The U.S. Court of Appeals for the Ninth Circuit ruled each new republication of the image could have caused new “injury” to Elden, essentially resetting the statute of limitations, the outlet reported.
“Victims of child pornography may suffer a new injury upon the republication of the pornographic material,” Judge Sandra Segal Ikuta argued on behalf of a panel consisting of three judges, according to Billboard. “This conclusion is consistent with the Supreme Court’s view that every viewing of child pornography is a repetition of the victim’s abuse.”
The lawsuit will now reportedly return to a lower court, and the onus lies on Elden to prove the image meets the definition of child pornography, as set forth by law.
Nirvana baby lawsuit revived by appeals court https://t.co/sDQlLpJnrr
— Stereogum (@stereogum) December 21, 2023
Nirvana’s attorney Bert Deixler released a statement, calling the ruling a “procedural setback,” and said his client would continue to defend their position, the outlet reported.
“We will defend this meritless case with vigor and expect to prevail,” he said in the statement, according to Billboard.
Robert Lewis, lead counsel for Elden, also reportedly issued a statement on behalf of his client.
“Spencer is very pleased with the decision and looks forward to having his day in court. The decision is important for all child pornography victims,” he said, the outlet reported. (RELATED: Former Balenciaga Stylist Behind Gruesome Photos Of Children Addresses Allegations)
Elden had previously claimed when embarking on the 2021 lawsuit that his legal name and identity were forever connected to the sexual exploitation he experienced as a result of the distribution of the album cover, Billboard reported.
Kurt Cobain’s estate, Universal Music Group, and Dave Grohl were also named in the civil lawsuit, along with additional people and organizations. according to the outlet. Criminal implications were reportedly not raised in this matter.