In a surprising turn of events, a U.S. appeals court has breathed new life into a legal battle accusing the iconic rock band Nirvana of disseminating child pornography through the use of a naked infant’s photograph on the cover of their groundbreaking 1991 album, “Nevermind.”
The 9th U.S. Circuit Court of Appeals has overturned a previous ruling that deemed Spencer Elden, the now 32-year-old depicted baby, as having waited too long to pursue legal action against the influential Seattle grunge band. Notably, the court did not delve into the debate on whether the album cover could be classified as child pornography.
Nirvana’s attorney, Bert Deixler, maintained the band’s staunch defense, stating, “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 attorney, Robert Lewis, expressed his client’s satisfaction with the decision, emphasizing Elden’s eagerness to have his grievances heard in court.
Spencer Elden initiated the lawsuit in 2021, alleging that Nirvana and their label, Universal Music Group, had sexually exploited him through his portrayal on the controversial album cover, leading to enduring personal harm.
In addition to the surviving Nirvana members Dave Grohl and Krist Novoselic, the lawsuit also involves the late Kurt Cobain’s widow Courtney Love and photographer Kirk Weddle. The legal dispute revolves around Nirvana’s use of a photograph taken by Weddle at the Pasadena Aquatic Center in California, capturing Elden swimming naked toward a dollar bill pierced on a fish hook.
Last year, U.S. District Judge Fernando Olguin in Los Angeles dismissed Elden’s lawsuit, citing a failure to file within a 10-year limitations period after becoming aware of the cover. However, a unanimous 9th Circuit panel has now reversed this decision, allowing Elden to pursue legal action based on Nirvana’s more recent republication of the controversial cover, including in the 2021 re-release of “Nevermind.”
As the legal saga continues, the fate of one of the most iconic album covers in music history hangs in the balance, with both sides gearing up for a renewed courtroom battle.
