The lawsuit against the group Nirvana for the cover of their album “Nevermind” resurfaces

In 2021 Spencer Eldenthe man who appeared on the album cover Nevermind of the group Nirvana When he was just a baby, he filed a lawsuit for child exploitation and pornography, but it was dismissed the following year. Now, an appeals court has reopened it.

The U.S. Court of Appeals for the Ninth Circuit overturned the district court’s decision, ruling that each republication of the image showing Elden – then four months old, naked and in a swimming pool – reinstates the previous statute of limitations on your claim.

Now the case has been reopened, and Spencer must prove whether the photograph (taken by Kirk Weddle) constitutes child pornography. Dave Grohlformer drummer of the group and now leader of the band Foo Fighterscommented two years ago that he was thinking of altering the album cover, but that did not happen.

The judge Sandra Segal Ikuta, of the Ninth Circuit, wrote in the lawsuit’s revival: “Victims of child pornography may suffer further harm by republishing the pornographic material. “This conclusion is consistent with the Supreme Court’s view that each viewing of child pornography is a repetition of the victim’s abuse.”

Released in September 1991, the album Nevermind gave the Seattle trio (made up of Kurt Cobain -died in 1994-, Grohl and Krist Novoselic) worldwide success, imposing the subgenre grunge and achieving million-dollar sales. The album was nominated for Grammy as Best Alternative Music Album, generating hit singles like “Smells Like Teen Spirit”, “Come As You Are”, “In Bloom” and “Lithium”.

Keep reading:

• Nirvana’s album “In Utero” turns 30

• Dave Grohl, former Nirvana drummer, reveals that the cover of the album “Nevermind” will be changed

• Spencer Elden, the baby on the cover of Nirvana’s Nevermind album, demands $2.5 million