The longstanding dispute between the rock band Nirvana and Spencer Elden took another turn on Thursday (December 21). The U.S. appeals court revived Elden’s lawsuit claiming the photograph violated federal pornography laws and exploited him. Elden’s nude baby picture was used on the cover of Nirvana’s 1991 album Nevermind.
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According to Reuters, the 9th U.S., Circuit Court of Appeals in California overturned a lower court’s decision that Elden waited too long to bring his lawsuit against the band.
U.S. District Judge Fernando Olguin in Los Angeles said last year that Elden’s lawsuit must be dismissed because he did not sue within a 10-year limitations period after learning of the cover.
In its unanimous decision, the appeals court said Elden could still sue based on Nirvana’s republication of the cover when they re-released a version of Nevermind in 2021.
“This procedural setback does not change our view,” Nirvana attorney Bert Deixler said Thursday. “We will defend this meritless case with vigor and expect to prevail.”
Elden’s attorney Robert Lewis said Elden is “very pleased with the decision and looks forward to having his day in court.”
Elden’s Initial Lawsuit Dates Back to 2021
Elden, now 32, first sued the band and its label Universal Music Group in 2021. Elden accused the band of exploiting the frontal nude image of himself to sell millions of albums. In his initial lawsuit, he alleged the album cover caused him “extreme and permanent emotional distress with physical manifestations.”
Other defendants include surviving Nirvana members Dave Grohl and Krist Novoselic, late lead singer Kurt Cobain’s widow Courtney Love, and photographer Kirk Weddle.
The lawsuit stemmed from Nirvana’s use of a photo taken by Weddle at the Pasadena Aquatic Center in California. The photo depicted Elden swimming naked—with his genitalia visible—toward a dollar bill pierced on a fish hook.
At the time of the Nevermind photo shoot, Elden’s father, Rick, was friends with the photographer. Weddle initially informed his parents about the shoot. Elden’s parents were compensated $200 for the shoot at the Rose Bowl Aquatic Center in Pasadena, California. The parents allegedly never signed paperwork allowing the use of the image.
Photo by Larry Busacca/Getty Images
