The lawsuit revival doesn't mean that Spencer Elden has won the case, but it will now return to a lower court where the plaintiff is required to actually prove that the image meets the definition of child pornography.
- Dec 22, 2023
AceShowbiz - The lawsuit filed against Nirvana over their "Nevermind" album cover has been revived. Although the child porn lawsuit had been dismissed several times, a judge decided to overturn the ruling on Thursday, December 21.
Filing the lawsuit was Spencer Elden, the man who was featured on the album's cover when he was a baby. He named former bandmembers Dave Grohl and Krist Novoselic in the suit as well as frontman Kurt Cobain's widow Courtney Love and photographer Kirk Weddle.
Spencer, who is now in his 30s, claimed that the picture violated federal child pornography laws by displaying a sexualized image of a minor. However, U.S. District Judge Fernando Olguin dismissed the lawsuit in September 2022, stating that the plaintiff waited too long to sue and was outside the 10 years statute of limitations.
Now, the U.S. Court of Appeals for the Ninth Circuit ruled that each new republication of the image, including a highly-publicized 30th anniversary re-release in 2021, could constitute a new "injury" to Spencer that would reset the statute of limitations.
"Victims of child pornography may suffer a new injury upon the republication of the pornographic material," Judge Sandra Segal Ikuta wrote for a three-judge panel. "This conclusion is consistent with the Supreme Court's view that every viewing of child pornography is a repetition of the victim's abuse."
It doesn't mean that Spencer has won the case. However, the lawsuit will now return to a lower court where he's required to actually prove that the image meets the definition of child pornography.
Nirvana's attorney Bert Deixler has reacted to the ruling, which he dubbed a "procedural setback" that did not affect their core arguments. "We will defend this meritless case with vigor and expect to prevail," he stated, according to Billboard.
Meanwhile, lead counsel for Spencer, Robert Lewis, said in his own statement, "Spencer is very pleased with the decision and looks forward to having his day in court." Robert further noted, "The decision is important for all child pornography victims."
