Legal case against Nirvana for child exploitation reinstated by US appeals court
A US appeals court has reinstated a legal case against the rock group Nirvana, which alleges that the band published child sexual abuse images on the cover of their 1991 album, Nevermind.
The 9th US Circuit Court of Appeals reversed a prior ruling from a lower court, stating that Spencer Elden, the baby featured on the cover, had delayed filing his lawsuit against the influential Seattle grunge band too much.
However, the court did not tackle the question of whether the album could be considered an image of child sexual abuse.
“This procedural setback does not change our view,” Nirvana attorney Bert Deixler said. “We will defend this meritless case with vigour and expect to prevail.”
Elden’s attorney said that he is “very pleased with the decision and looks forward to having his day in court.”
Now 32, Elden has endured a battle with the album cover since first filing the lawsuit in 2021, accusing the band of sexually exploiting him through his image on Nevermind.
Elden initiated the legal action against ex-Nirvana members Dave Grohl and Krist Novoselic, along with Kurt Cobain’s estate. The lawsuit alleged that Elden’s guardians hadn’t granted permission for the commercial use of the image, further contending that the defendants breached child pornography laws.
Elden also asserted that his connection with the photograph resulted in injuries and enduring harm throughout his life.
