Appeals Court Revives Lawsuit Against Nirvana Over 'Nevermind' Album Cover

Spencer Elden's lawsuit, alleging the iconic album cover constitutes child pornography, will return to a lower court for further proceedings.

Spencer Elden, the man who was photographed as a baby for Nirvana's 1991 album cover, has had his lawsuit against the band revived by the U.S. Court of Appeals for the Ninth Circuit.
The lawsuit alleges that the image, which shows Elden as a naked baby underwater reaching for a dollar bill, constitutes child pornography and has caused him 'permanent harm'.
The case had previously been dismissed by a lower court due to the statute of limitations, but the appeals court ruled that each republication of the image could constitute a new personal injury, effectively resetting the statute of limitations.
The lawsuit will now return to a lower court, where Elden must prove that the image meets the definition of child pornography.
Nirvana's attorney, Bert Deixler, called the ruling a 'procedural setback' and stated that they will 'defend this meritless case with vigor and expect to prevail.'