The lawsuit over Nirvana’s iconic “Nevermind” album cover has been revived after a previous dismissal. The legal action alleges that the image amounts to child pornography and has resulted in harm to Spencer Elden, who was featured on the cover as an infant. Elden seeks compensation from both Nirvana and Kurt Cobain‘s estate.
On Thursday, the United States Court of Appeals for the Ninth Circuit reinstated the lawsuit by overturning the lower court’s decision to dismiss it entirely.
Recall that Spencer Elden, the grown man who claims to be the naked infant on Nirvana’s ‘Nevermind’ album cover, took legal action against both Nirvana and Kurt Cobain’s estate in 2021.
In 1991, Nirvana released the album “Nevermind” with a cover photo featuring a nude Spencer Elden as an infant. Elden has now accused Nirvana of publishing child pornography by using that image without his consent.
The lawsuit was dismissed in September 2022 by a district judge, who ruled that Spencer Elden had exceeded the time limit for filing the lawsuit against Nirvana.
The appeals court has ruled that Spencer Elden’s lawsuit against Nirvana can proceed due to the band’s 2021 republishing of the “Nevermind” album cover, which is considered a new injury to Elden, enabling further legal action.
It will be fascinating to witness the unfolding of this legal dispute and see how it ultimately concludes.
+ There are no comments
Add yours