The legal dispute surrounding the iconic album cover Nevermind of Nirvana has taken a new turn. Once again, Spencer Elden, the boy who appeared on the album cover, has refiled his child pornography lawsuit against the surviving members of Nirvana, sparking new controversy and reigniting debates about artistic expression and personal rights.
The lawsuit was first filed in August 2021, alleging that the album cover, which shows a naked photograph of him when he was four months old, constituted child pornography. After the case was dismissed in September 2022 by a US district judge in Los Angeles, Elden opposed the decision, arguing that the judge had erred in tying the lawsuit to a statute of limitations.
On December 21, 2022, the Ninth Circuit Court of Appeals issued a decisive ruling, reinstating Elden’s lawsuit. The court’s decision was based on the notion that each reissue of the album cover could be considered a new personal injury, thus circumventing the statute of limitations. The ruling clarifies that the question of whether the album cover Nevermind constitutes child pornography is not the subject of examination in this appeal.
Elden, now 32, is seeking monetary damages for what he describes as “extreme and ongoing mental or emotional harm.” His legal representatives maintain that the judge’s previous ruling on the statute of limitations was incorrect. Elden’s lawyers also alleged that Kurt Cobain, the band’s late frontman, had documented a “twisted vision” for the album cover in his diary entries, alleging that his fixation on pornographic images began in childhood.
Undeterred by the reinstatement of the lawsuit, Nirvana’s legal team maintains that Elden is well aware of the facts surrounding the case. Dave Grohl, one of the band’s surviving members, noted that Elden even has a tattoo inspired by the cover in question. The lawyer representing the band called the lawsuit “baseless” and expressed confidence in prevailing against the legal challenge.
As the dispute resumes, Elden’s demands go beyond monetary compensation. In addition to seeking damages, he wants Nirvana to remove the original Nevermind cover from any potential reissue. Elden had already attempted to censor the cover for the 30th anniversary edition of the album, but his efforts were unsuccessful.
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