Nirvana “Nevermind” album cover child pornography lawsuit revived by federal judge – update

UPDATED with new statementA federal appeals court today revived a previously dismissed child sexual exploitation lawsuit filed by the Los Angeles man who was depicted more than 30 years ago as a naked child on the cover of the groundbreaking Nirvana album . forget it.

Spencer Elden sued the now-defunct band’s company, several record labels and art directors for damages, claiming he was a victim of child pornography when he was photographed naked in a swimming pool as a four-month-old baby for the cover of the million – sales of 1991 album The court dismissed the lawsuit last year because a ten-year statute of limitations had expired.

A panel of the 9th US Circuit Court of Appeals reversed the dismissal and sent the case to federal court in Los Angeles for further proceedings. It ruled that the plaintiff’s claim was not barred because any republication of the cover photo could constitute new personal injury under the statute of limitations.

“The album cover has become iconic and highly recognizable,” Judge Sandra S. Ikuta, who was nominated to the court by President George W. Bush, wrote for the panel.

“It was exhibited at the Museum of Modern Art in New York and is often quoted, imitated and parodied. Commentators believe that the naked child reaching for a dollar symbolizes the evils of a capitalist society.”

Elden’s lawsuit argued that the cover image depicted a “sex worker grabbing a dollar bill.”

IN ADVANCE on September 4, 2022: The man whose baby picture graced the cover of Nirvana’s million-selling book forget it Album’s lawsuit over the photo was dismissed by a Los Angeles judge.

Spencer Elden, 31, claimed in his legal documents that the footage of him swimming for a dollar bill on a fish hook constituted child pornography.

U.S. District Judge Fernando Olguin of Los Angeles disagreed. He said Elden waited far too long to take legal action against several record companies and against drummer Dave Grohl, bassist Krist Novoselic, the estate of guitarist Kurt Cobain and photographer Kirk Weddle. Released in 1991, the album was one of the most popular albums of the grunge era, spawning Seattle bands such as Nirvana, Soundgarden, Pearl Jam and Alice in Chains.

Elden filed three versions of his lawsuit and Olguin’s resignation prevents him from filing a fourth version.

To photograph the cover of the Nirvana album, Elden, then four months old, was asked for the job because his father was friends with the photographer. His family received $200 to donate for the iconic photo in the Pasadena Aquatic Center pool.

Elden had the album title tattooed on his chest and recreated the photo in 2016 for the album’s 25th anniversary. But he claimed the image had caused trauma due to its widespread distribution.

City News Service contributed to this report.