Dispute over Nirvana cover continues after all
When Spencer Elden was a baby, he graced the cover of a world-famous album by the band Nirvana in the nude. Around 30 years later, the now adult man files a lawsuit because he believes he has suffered permanent damage as a result. His claim is shot down in court - but now things take a turn for the worse.
In September 2022, the court battle over the baby photo on the cover of the cult album "Nevermind" by the band Nirvana (1987-1994) seemed to have been finally settled. A district court in Los Angeles had decided to dismiss the child pornography lawsuit brought by Spencer Elden, the now 32-year-old "Nirvana baby". The reason given at the time was that he had waited too long with his lawsuit and any potential claims had therefore lapsed. According to a report in "Billboard" magazine , however, a federal appeals court has now ruled that his lawsuit is legitimate and that the process must continue.
Spencer Elden landed on the cover of the Nirvana album "Nevermind" in 1991, which has sold more than 30 million copies to date and is considered one of the most influential albums in music history. In the underwater photo, he can be seen as a baby in a swimming pool next to a fishing hook with a dollar bill attached. The iconic image later made Elden a well-known personality himself, which didn't seem to bother him at first.
In fact, he had himself photographed again in a similar position in a pool in 2001 and 2016 as part of the 10th and 25th anniversaries of the work, but this time dressed in swimming trunks rather than naked. He also proudly appeared on talk shows as the "Nirvana baby" and signed the "Nevermind" cover with his name on occasion.
Lawsuit came on the 30th "Nevermind" anniversary
Thirty years after the photo session in the swimming pool, Spencer Elden surprisingly filed a lawsuit against the band in August 2021. He claimed that the image on the cover was child pornography and violated US law due to sexual exploitation. The millions of copies of the image, on which his penis can be seen, had caused him "permanent damage" and each republication constituted a "new personal injury".
After some legal back and forth, a district court in Los Angeles finally dismissed Elden's claim on the grounds that he had waited too long. After all, he had known about the possible violation of the law for more than ten years without taking legal action. Possible claims against the band had therefore lapsed.
With the decision by the Court of Appeal yesterday (Thursday) to allow Elden's lawsuit to proceed, the drama surrounding the infamous "Nevermind" cover is now entering the next round and could possibly cause major difficulties for the remaining Nirvana musicians and the former management.
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Despite the previous court ruling dismissing Spencer Elden's lawsuit, a federal appeals court in the USA recently ruled that the case can continue. This decision revives the dispute over the Nirvana album "Nevermind" cover, which features Elden as a baby in a nude swimming pool scene.
In light of the appeals court's decision, the entertainment industry is closely watching this high-profile legal battle involving rock music, USA law, and a controversial album cover.
Source: www.ntv.de
