Federal courtroom revives lawsuit in opposition to Nirvana over ‘Nevermind’ bare child album cowl

LOS ANGELES — A federal appeals courtroom on Thursday revived a baby sexual exploitation lawsuit filed by the person who appeared bare as a 4-month-old on the duvet of Nirvana’s 1991 album “Nevermind.”

Spencer Elden‘s lawsuit against the grunge rock group alleges that he has suffered “permanent harm” as the band and others profited from the image of him underwater in a swimming pool, appearing to grab for a dollar bill on a fish hook.

The suit says the image violated federal laws on child sexual abuse material, although no criminal charges were ever sought.

A federal judge in California threw out the lawsuit last year but allowed Elden to file a revised version, which the judge later dismissed on grounds that it was outside the 10-year statute of limitations of one of the laws used as a cause of action.

Thursday’s choice by a three-judge panel of the Ninth U.S. Circuit Court of Appeals in California reversed that ruling and despatched the case again to the decrease courtroom.

The appellate panel discovered that every republication of a picture “may constitute a new personal injury” with a brand new deadline and cited the picture’s look on a thirtieth anniversary reissue of “Nevermind” in 2021.

“The question whether the ‘Nevermind’ album cover meets the definition of child pornography is not at issue in this appeal,” the courtroom wrote, in keeping with the New York Times.

A lawyer for Nirvana members didn’t instantly reply to an electronic mail looking for remark Thursday night. However, lawyer Bert Deixler issued an announcement to Billboard journal calling the ruling a “procedural setback.”

“We will defend this meritless case with vigor and expect to prevail,” he stated.

The Associated Press doesn’t sometimes title individuals who say they’ve been victims of sexual abuse until they’ve repeatedly come ahead publicly, as Elden has.