NIRVANA Encounters “Procedural Setback” In Lawsuit Versus Nevermind Baby
December 21, 2023, a year ago
A US appeals court has revived a lawsuit accusing Nirvana of publishing child pornography by using a photograph of a naked four-month-old baby on the cover of its hit 1991 album Nevermind, reports Blake Brittain of The New Daily.
The 9th US Circuit Court of Appeals overturned a lower court’s decision that Spencer Elden, the baby depicted on the cover, had waited too long to bring his lawsuit against the seminal Seattle grunge band. The court did not address whether the cover of Nevermind constituted child pornography.
“This procedural setback does not change our view,” Nirvana lawyer Bert Deixler said on Thursday, December 21st. “We will defend this meritless case with vigour and expect to prevail.”
Elden, now 32, first sued the band and its label Universal Music Group in 2021, accusing them of sexually exploiting him through his depiction on the Nevermind album cover and causing him continuing personal harm.
The appeals court said Elden could still sue based on Nirvana’s republication of the cover more recently, including in a re-released version of Nevermind from 2021. Further details can be found here.
