The legal case against Nirvana, accusing the band of sexual exploitation for the cover of their iconic 1991 album Nevermind, has been revived by an appeals court. The plaintiff, Spencer Elden, who appeared nude on the cover at just four months old, is now 32 and bringing the claim of sexual exploitation and child pornography. Elden’s case was previously dismissed in September 2022, but the Ninth US Circuit Court of Appeals has now overturned the decision, based on the fact that the plaintiff had been told previously that their complaint should have been brought within ten years of understanding the album’s cover.
Following the initial dismissal, the legal team representing Elden argued the case deserved to be heard due to record labels’ reissuing and promoting the album for the 30th anniversary rerelease in 2021. However, the appeals court has not yet addressed whether the cover art does indeed constitute child sexual abuse or child pornography.
The case has been stacked against the band, counting members Dave Grohl and Krist Novoselic, Kurt Cobain’s widow Courtney Love, photographer Kirk Weddle, and record labels among the defendants. Commenting on behalf of Nirvana, lawyer Bert Deixler said the band will “defend this meritless case with vigour.”
Elden’s lawyer, Robert Lewis, said his client is “very pleased” with the decision to revive the case and “looks forward” to its return to court. In previous attempts, Elden claimed he was a victim of child sexual exploitation and that his image was used without his parents’ permission. He asked for $150,000 in damages, but the defense has dismissed the case as “not serious.”
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