Update:
- The Ninth District ruled the man photographed naked as a four-month-old on the cover of Nirvana’s “Nevermind” album can proceed with his child pornography suit.
- A three-judge panel ruled a district court incorrectly dismissed the complaint based on a 10-year statute of limitations, according to its published opinion.
- The panel also noted each album republication may count as a new injury.
- Plaintiff Spencer Elden alleges the album cover displays his genitals, which is illegal under child pornography laws, and says he and his parents never authorized the use of the image.
Nirvana baby lawsuit overview:
- Who: Nirvana, Universal Music Group and others are again facing a lawsuit from Spencer Elden, who at 4 months old was nude on the cover of Nirvana’s “Nevermind” album.
- Why: Elden is hoping to revive the lawsuit claiming the album cover was child pornography after it was thrown out last year due to statute of limitations, Law360 reports.
- Where: The Nirvana child pornography hearing came in front of the 9th Circuit Court of Appeals in Phoenix.
(Oct. 2023)
Nirvana and Universal Music Group are once again facing a child pornography lawsuit as the man who was put on the cover of Nirvana’s “Nevermind” album nude at 4 months old attempts to revive his lawsuit.
Spencer Elden’s lawyers went in front of the 9th Circuit Court of Appeals in Phoenix asking that the lawsuit be allowed to continue as Elden claims that he is re-injured each time the album is sold, distributed or possessed, according to Courthouse News.
The Nirvana lawsuit was thrown out last year because Elden, now in his 30s, surpassed the 10-year statute of limitations for claims that began when he turned 18.
“That is, Your Honors, the gravamen of this case — a recognition that every distribution and possession of child pornography, even in adulthood, is a re-perpetration of the initial perpetration,” Elden’s lawyer told a three-judge panel, according to Courthouse News. “Spencer Elden has been and continues to be victimized by these defendants.”
Elden has claimed that his damages from the Nirvana baby cover include “physical, psychological, financial and reputational damage” over 10 years and he would like a minimum of $150,000 from each of the named defendants, along with attorneys’ fees in the Nirvana lawsuit, Courthouse News said.
Nirvana baby claims that new child pornography violations occur each day with 30 million copies sold
California U.S. District Judge Fernando Olguin did not rule on whether the album cover was deemed child pornography before throwing the case out the Nirvana baby case last year.
Attorneys for the band claimed that having the Nirvana child pornography claims appear when Elden was 28 years old seem unsupported by fact.
Elden’s lawyers, however, claimed in court that each of the 30 million copies of the album owned by people is creating a new Nirvana child pornography violation every day, according to Courthouse News.
Did you own Nirvana’s “Nevermind” album? Let us know in the comments.
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