Federal court revives child porn lawsuit over Nirvana album cover

Dec. 21 (UPI) -- A federal appeals court on Thursday revived a child pornography lawsuit against Nirvana brought by a Los Angeles man who appeared as the naked infant on the cover of the band's 30-plus-year-old album "Nevermind."

Spencer Elden sought personal injury damages from the now dissolved band's company, various record companies and art directors on the grounds that he was a victim of child pornography when he was photographed as an infant for the 1991 album. The district court dismissed the case last year, claiming Elden, now in his 30s, waited too long to file suit.

A panel of the U.S. 9th Circuit Court of Appeals reversed the dismissal, however, claiming that because each republication of the cover photo might constitute a new personal injury, Elden's complaint was not barred by the statute of limitations.

"The album cover art has become iconic and highly recognizable," Judge Sandra S. Ikuta wrote for the panel. "It has been displayed in the Museum of Modern Art in New York and has been frequently referenced, imitated and parodied. Commentators have opined that the naked infant reaching for a dollar symbolizes the ills of a capitalistic society."

This new ruling does not mean Elden has won his case, only that the lawsuit will now return to a lower court, where the plaintiff must actually prove the image meets the definition of child pornography.

Nirvana's attorney Bret Deixler did not appear phased by what he called a "procedural setback," telling Billboard "we will defend this meritless case with vigor and expect to prevail."

Originally released on Sept. 24, 1991, "Nevermind" reached the top spot on the Billboard 200 in January 1992 and ultimately spent 554 weeks on the chart. The album has sold more than 30 million copies and is widely considered one of the most influential in the history of popular music.

Then-four-month-old Elden was tapped for the album cover shoot because his father was friendly with the photographer. His family received $200, according to Deadline.

Elden recreated the picture in 2016 for the album's 25th anniversary, but he claimed trauma from the images widespread circulation.