A lawsuit alleging that the iconic rock band Nirvana published child sexual abuse images by featuring a picture of a naked four-month-old baby on the cover of their album Nevermind has been reinstated by the 9th US Circuit Court of Appeals.
Spencer Elden, the baby on the album cover, had previously seen his case dismissed by a lower court due to the claim that he waited too long to bring it forward. However, the appeals court's decision has overturned that ruling.
The court's decision, though, does not address whether the album cover constitutes child sexual abuse.
Nirvana's lawyer, Bert Deixler, responded to the development by stating: "This procedural setback does not change our view," and assured that they would vigorously defend against what they see as a "meritless case".
On the other side, Spencer Elden's lawyer, Robert Lewis, expressed his client's satisfaction with the decision and noted that Elden "looks forward to having his day in court".
Last year, a judge in Los Angeles had dismissed Mr. Elden's lawsuit, citing that he had not sued within a 10-year period after becoming aware of the cover.
However, the appeals court determined that Elden could still pursue legal action based on Nirvana's more recent republication of the cover, including its use in a re-released version of Nevermind in 2021. The panel asserted that each republication of the image "may constitute a new personal injury."
The lawsuit originated from Nirvana's use of a photograph taken by Kirk Weddle at the Pasadena Aquatic Centre in California. The image depicts Spencer Elden as a naked baby swimming towards a dollar bill on a fish hook.
Spencer Elden, who is now 32 years old, accused Nirvana and Universal Music Group, the band's label, of sexually exploiting him through his portrayal on the album cover and causing him ongoing personal harm. Other defendants named in the lawsuit include surviving Nirvana members Dave Grohl and Krist Novoselic, the late Kurt Cobain's widow Courtney Love, and photographer Kirk Weddle.
The original complaint, filed in 2021, sought $150,000 (£109,000) in damages. It argued that the album cover, which digitally added a dollar bill on a fishhook, made Elden appear "like a sex worker" due to the depiction of the baby reaching for the dollar bill.
Additionally, Elden's attorney, Maggie Mabie, said at the time that it was time to "end this child exploitation and violation of privacy."
The album cover has long been viewed as a statement on capitalism, and it is considered one of the most iconic album covers of all time. In the lawsuit, it was also alleged that the band failed to fulfill a promise to cover Elden's exposed genitals with a sticker.
But one person to speak out against Elden's pursuit of justice is Bill Maher.
Speaking on his New Rule segment on Real Time in 2021, Maher said: "The words 'victim' and 'survivor' have traveled a long way from their original usage. The baby from the Nirvana album says he's a victim. He’s suing Nirvana for lifelong damages.
"I never thought I'd have to say this to a baby, but stop being such a f**king baby. You're not a victim."
"There’s no reason you can’t have a normal, happy life just because people look at you and think, 'baby penis.' It didn't hurt Trump," he added.
People have been left confused after Elden's opinion on the album cover have changed drastically throughout the past three decades, despite maintaining during the lawsuit that the image has caused him "extreme and permanent emotional distress," per The Guardian.
In fact, in 2015, Elden told the paper that the cover has "always been a positive thing and opened doors for me." Then, a year later, he told GQ Australia that he was "p****d off" at the images that he believes were rather "f****d up."
