Pop band Nirvana faces Child Pornography lawsuit over 1991 Nevermind album cover

The man, who appeared as a naked baby on the cover of Nirvana's 1991 album Nevermind, has filed a child pornography lawsuit, against the band. The federal court revived the lawsuit on Thursday, December 22,  after a lower court decided last year that he had filed his case far too late. The image, one of the most famous albums covers in rock history, allegedly broke federal child pornography laws by showing a sexualized image of a minor, according to the victim Spencer Elden, who is currently in his 30s. 

Court ruled against Nirvana 

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 decision by a three-judge panel of the Ninth U.S. Circuit Court of Appeals in California reversed that ruling and sent the case back to the lower court. The appellate panel found that each republication of an image “may constitute a new personal injury” with a new deadline and cited the image’s appearance on a 30th-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 court wrote, according to the New York Times.

Nirvana’s response to the lawsuit 

A lawyer for Nirvana members didn’t immediately reply to an email seeking comment Thursday evening. However, attorney Bert Deixler issued a statement to Billboard magazine calling the ruling a “procedural setback.” “We will defend this meritless case with vigor and expect to prevail,” he said.

(with inputs from AP)