Spencer Elden at the Pasadena Aquatic Center in California, location of the album cover photo shoot. Photo: Splash News
A United States appeals court has reinstated its case against Nirvana for disseminating images of child abuse on the cover of the band's 1991 album Nevermind.
Spencer Elden, the four-month-old baby depicted naked on the cover album, claims that the band and their label caused him «physical, psychological, financial and reputational damage» by selling more than 30 million copies of a photograph depicting his penis.
He is seeking $130,000 in damages US dollars. (£102,000).
The lawsuit was first heard last year in a California court, which ruled that Mr. Elden waited too long to file the lawsuit and that it fell outside the 10-year statute of limitations.
It didn't. So. ruled on the merits of the lawsuit, noting: «The issue of whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal.»
At the time, the band's lawyer said that the case was “groundless.”
However, the U.S. Court of Appeals for the Ninth Circuit revived the case and said re-releasing the album over the past decade «may constitute a new bodily injury,» including re-releasing the version in 2021.
«It's a little creepy»
Kirk Weddle photographed Elden in at the Pasadena Aquatic Center in California as he swam toward a dollar bill on a fishhook during a photo shoot for which his parents were paid $200.
The cover has since been rated third in a Rolling Stone reader poll best cover ever.
Mr. Elden is suing the band's surviving members, Dave Grohl and Krist Novoselic, and Kurt Cobain's widow, Courtney Love, and Mr. Weddle have filed a civil suit .
His lawyer said he was «very pleased with the [appeal court] decision and looks forward to going to trial.»
In an interview with MTV in 2007, Mr. Elden said he didn't like the album cover.
“It's a little creepy that a lot of people have seen me naked,” he said. “I feel like the biggest porn star in the world.”
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