NEVERMIND: A judge has overturned a lower court’s decision to throw out child porn lawsuit over Nirvana album cover

Spencer Elden, the baby-now-grown-man on the album cover, filed a suit against the band and Kurt Cobain's estate over the cover back in 2021
Summer Justice,
File Photo: Iconic And Rare Memorabilia Of The Late Kurt Cobain Are On Display At The "nirvana: Taking Punk To The Masses" Exhibit At The Experience Music Project In Seattle
FILE PHOTO: Rarely displayed memorabilia including iconic clothing and musical instruments of the late Kurt Cobain of the legendary grunge band Nirvana, are on display at the "Nirvana: Taking Punk to the Masses" exhibition of the Experience Music Project (EMP) in Seattle on April 15, 2011. TREUTERS/Anthony Bolante/File Photo

Spencer Elden, the now grown man whose naked baby photo was used on Nirvana’s Nevermind album cover in 1991, accused Nirvana of publishing child porn by using the photo. He was four months old at the time.

The suit was dismissed in September 2022, when a district judge in California ruled Spencer had waited too long to sue Nirvana. However, now the appeals court says the suit can go forward because Nirvana republished the album cover in 2021 when the band re-released Nevermind and said that each republication of the cover may constitute a new injury to Elden, making his lawsuit against the band possible again.

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.”

It’ll be interesting to see how this plays out…

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