Federal Court Revives Lawsuit Against Nirvana Over 1991 ‘Nevermind’ Naked Baby Album Cover

(LOS ANGELES) – Nirvana sued. A federal appeals court reinstated a child sexual exploitation case on Thursday that the man who appeared naked as a 4-month-old on the cover of Nirvana’s 1991 album “Nevermind” had filed.

Spencer Elden’s complaint against the grunge music group claims he suffered “permanent harm” as a result of the band and others profiting off a photograph of him underwater in a swimming pool, seeming to capture a dollar note on a fish hook.

Although no criminal charges were ever filed, the suit claims that the photograph violated federal laws against child sexual abuse material.

Federal Court Revives Lawsuit Against Nirvana Over 1991 ‘Nevermind’ Naked Baby Album Cover

Last year, a federal judge in California dismissed the complaint but permitted Elden to file a revised version, which the judge later dismissed because it was beyond the 10-year statute of limitations of one of the laws used as a cause of action.

A three-judge panel of the Ninth U.S. Circuit Court of Appeals in California reversed that verdict on Thursday and remanded the matter to the lower court.

The appellate panel determined that each republication of an image “may constitute a new personal injury” with a new deadline, citing the image’s presence on the 30th-anniversary reissue of “Nevermind” in 2021 as an example.

Federal Court Revives Lawsuit Against Nirvana Over 1991 ‘Nevermind’ Naked Baby Album Cover

The court said, “The question of whether the ‘Nevermind’ album cover meets the definition of child pornography is not at issue in this appeal,” according to the New York Times.

In an email to The Associated Press, Nirvana attorney Bert Deixler described the ruling as a “procedural setback.”

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

The Associated Press normally does not name people who claim to be victims of sexual abuse unless they come forward publicly, as Elden has.

Nirvana is a state of perfect peace and happiness in Buddhist belief. It is the ultimate goal of meditation and the end of suffering.

Achieving nirvana involves the extinguishing of desires and the release from the cycle of rebirth. In a broader context, nirvana is often used to describe a state of bliss, enlightenment, or transcendence in various spiritual and philosophical traditions.

Kurt Cobain was an influential musician and the lead vocalist of the band Nirvana.

He played a significant role in shaping the grunge music scene of the 1990s. Cobain’s songwriting and raw, emotive vocal delivery garnered widespread acclaim, and Nirvana’s second studio album, “Nevermind,” achieved massive commercial success.

Cobain’s personal struggles and untimely death in 1994 at the age of 27 further solidified his iconic status in the music world.

SOURCE – AP