Court revives Nirvana child pornography lawsuit

A U.S. appeals court on Thursday
revived a lawsuit accusing the rock band Nirvana of publishing
child pornography by using a photograph of a naked
four-month-old baby on the cover of its hit 1991 album
“Nevermind.”
The 9th U.S. Circuit Court of Appeals overturned a lower
court’s decision that Spencer Elden, the baby depicted on the
cover, had waited too long to bring his lawsuit against the
seminal Seattle grunge band.
The court did not address whether the cover of “Nevermind”
constitutes child pornography.
“This procedural setback does not change our view,” Nirvana
attorney Bert Deixler said on Thursday. “We will defend this
meritless case with vigor and expect to prevail.”
Elden’s attorney Robert Lewis said that Elden is “very
pleased with the decision and looks forward to having his day in
court.”
Elden, now 32, first sued the band and its label Universal
Music Group in 2021, accusing them of sexually
exploiting him through his depiction on the “Nevermind” album
cover and causing him continuing personal harm.
Other defendants include surviving Nirvana members Dave
Grohl and Krist Novoselic, late lead singer Kurt Cobain’s widow
Courtney Love and photographer Kirk Weddle.
The lawsuit stemmed from Nirvana’s use of a photo taken by
Weddle at the Pasadena Aquatic Center in California that
depicted Elden swimming naked toward a dollar bill pierced on a
fish hook.
U.S. District Judge Fernando Olguin in Los Angeles said last
year that Elden’s lawsuit must be dismissed because he did not
sue within a 10-year limitations period after learning of the
cover.
A unanimous 9th Circuit panel reversed the decision on
Thursday. The appeals court said that Elden could still sue
based on Nirvana’s republication of the cover more recently,
including in a re-released version of “Nevermind” from 2021.