Nirvana's Nevermind Lawsuit over Album Cover Reinstated by Appeals Court
Spencer Elden's child pornography lawsuit against Nirvana and other parties over the use of his image on the iconic Nevermind album cover has been reinstated by the United States Court of Appeals for the Ninth Circuit.
Court Reverses Dismissal of Lawsuit
Spencer Elden's lawsuit against Nirvana and others regarding the use of his image on the Nevermind album cover has been reinstated by the United States Court of Appeals for the Ninth Circuit. The lawsuit was initially dismissed by a California district court, but the appeals court reversed this decision.
The new ruling states that Elden's complaint alleging republication of the album cover within the ten years preceding the lawsuit was not barred by the statute of limitations because each republication may constitute a new personal injury.
Background of the Lawsuit
In August 2021, Elden sued various parties, including members of Nirvana and Universal Music Group, over the alleged exploitation and distribution of child pornography depicting him as a baby on the Nevermind album cover. The defendants filed a motion to dismiss, arguing that the complaint was not serious and that Elden had previously profited from his association with the image.
The lawsuit was initially dismissed after Elden missed a deadline to respond, but he refiled in January 2022. However, it was thrown out once again in September 2022 by Judge Fernando Olguin, who ruled that the complaint was filed past the 10-year statute of limitations.
Appeals Court Decision and Future Changes
The United States Court of Appeals for the Ninth Circuit overruled the dismissal, noting that Elden's complaint alleges new injuries caused by the redistribution of the album cover during the ten years prior to the lawsuit. This includes the release of the 30th anniversary box set.
The appeals court concluded that Elden's claim is not barred by the statute of limitations and that the district court made an error in dismissing the motion. Additionally, Elden has requested that the cover artwork be changed for all future re-releases of Nevermind.
