A US federal appeals court has recently made a decision allowing Spencer Elden to renew his lawsuit against Nirvana, their record label, and the photographer of the ‘Nevermind’ album cover, which showed him naked as a baby.
The 9th US Circuit Court of Appeals overturned a previous ruling from a lower court, which had suggested that he had waited too long to sue the Seattle grunge band for the allegations of child pornography. Shared online, the decision read:
“Because Elden’s claim is not barred by the ten-year statute of limitations… the district court erred in granting the Defendants’ motion to dismiss on statute of limitations grounds.”
With more detail, it continued:
“Like victims of defamation, victims of child pornography may suffer a new injury upon the republication of the pornographic material. Accordingly, we conclude that each republication of child pornography can constitute a new personal injury analogous to injuries caused by defamation and other dignitary torts. This conclusion is consistent with the Supreme Court’s view that ‘every viewing of child pornography is a repetition of the victim’s abuse.'”
The Reaction From Both Sides
While the appeals court didn’t specifically state whether the ‘Nevermind’ cover is an image of child sexual abuse, their decision allowed the case to be reconsidered in a Los Angeles federal court.
Addressing the case, Nirvana’s lawyer, Bert H. Deixler, shared in a recent statement to Rolling Stone:
“This procedural setback does not change our view. We will defend this meritless case with vigor and expect to prevail.”
On the other side, Elden’s lawyer, Robert Lewis, expressed happiness, noting that his client is ‘very pleased with the decision and looks forward to having his day in court.’
What Happened To The First Lawsuit?
The lawsuit began over a photo taken at the Pasadena Aquatic Center in California, showing Elden as a baby swimming towards a dollar bill. Elden filed the lawsuit in August 2021, alleging that the image was child pornography and asking for $150,000 in damages.
Initially, Nirvana’s legal team argued that the 32-year-old man had benefited from his role as the ‘Nirvana Baby’ for decades. Dave Grohl and Krist Novoselic had previously expressed doubts about the seriousness of his case.
Meanwhile, in September 2022, US District Judge Fernando Olguin dismissed the case, saying that Elden had filed his lawsuit too late, based on a 10-year statute of limitations:
“In short, because it is undisputed that [Elden] did not file his complaint within ten years after he discovered a violation…the court concludes that his claim is untimely.”
Following this, Elden attempted to file three different versions of his complaint, with Olguin’s dismissal appearing to prevent further legal action.
