A federal appeals court announced on Thursday it is reviving a child sexual exploitation lawsuit that was filed by the man who appeared as the naked baby on Nirvana’s hit 1991 album Nevermind.
According to AP News, Spencer Elden is the man who appeared naked as a 4-month-old on the album’s cover. He previously filed a lawsuit against the iconic grunge rock group claiming that he suffered “permanent harm” as the band profited off the image of him. The legal documents claim the image also violates federal laws on child sexual abuse material. However, no criminal charges have ever been filed.
In 2022, a federal judge threw out the lawsuit but allowed Elden to file a version version. Eventually, the judge dismissed, stating it was outside the 10-year statute of limitations of one of the laws that was used as a cause of action.
Behind the Scenes of Nirvana’s "Nevermind" Album Cover (1991)
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Photo by Kirk Weddle pic.twitter.com/fxO6CcDimt
However, a little over a year later, a three-judge panel of the Ninth U.S. Circuit Court of Appeals in California decided to reverse the ruling. They then set the case back to the lower court.
The panel also found that each republication of an image may constitute a new personal injury. They also cited the image being used on the 30th anniversary of Nirvana’s Nevermind in 2021.
“The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal,” the court declared.
Nirvana’s Lawyer Speaks Out About the Latest Development
Meanwhile, in an email to AP News, Nirvana attorney, Bert Deixler, stated that the ruling is a “procedural setback”
“We will defend this meritless case with vigor and expect to prevail,” he stated.
Elden’s attorneys previously issued a statement to USA TODAY about the initial lawsuit. “This unprecedented album cover is perhaps the first and only time a child’s full-frontal nudity has been used to sell a product,” the attorneys stated. “Spencer’s image constitutes child pornography and each of the Nirvana Defendants robbed our client of his dignity and privacy.”
Elden had asked for a trial by jury and demanded $150,000 from each of the 17 defendants in the lawsuit. Among those in the lawsuit included the Nirvana bandmates along with Kurt Cobain’s widow and estate executor, Courtney Love. The album’s photographer and designer, as well as record companies Universal Music Group, Geffen, Warner, and MCA Music, were also in the lawsuit.
Elden’s attorneys added, “As long as the entertainment industry prioritizes profits over childhood privacy, consent, and dignity, our client will continue his pursuit for awareness and accountability.”
Elden’s lawsuit came just years after he praised the album. In 2016, he recreated the album’s cover. “I said to the photographer, ‘Let’s do it naked.’” he recalled. “But he thought that would be weird, so I wore my swim shorts.”
At the time, Elden said the anniversary of the album’s debut meant something to him. “It’s strange that I did this for five minutes when I was 4 months old and it became this really iconic image.”
He then added that he prefers The Clash over Nirvana. “It’s cool but weird to be part of something so important that I don’t even remember.”
There’s no real way to tell what caused him to change his mind about the cover.