Spencer Elden Files Appeal in Nirvana 'Nevermind' Cover Lawsuit Dismissal
Spencer Elden, known as the "Nirvana Baby," has filed an appeal with the Ninth Circuit Court of Appeals challenging the dismissal of his child-pornography lawsuit regarding Nirvana's iconic Nevermind album cover.
Blue vinyl record on turntable
Key Background:
- Elden appeared on Nevermind's cover as a 4-month-old baby in 1991
- His father received $200 for the photo shoot
- The album has sold over 10 million copies in the US alone
- Elden previously recreated the image as an adult and spoke positively about being the "Nirvana Baby"
The Lawsuit:
- Filed in August 2021, ahead of Nevermind's 30th anniversary
- Claims "permanent harm" from the photo
- Alleges defendants "knowingly produced, possessed, and advertised commercial child pornography"
- Seeks restitution and profits from the album's success
Appeal Arguments:
- Challenges the statute of limitations ruling
- Claims ongoing harm from the album cover's continued prominence
- Cites Masha's Law, which allows child pornography victims to pursue damages in adulthood
- Requests reversal of the "erroneous dismissal"
The defendants, including surviving Nirvana members, Courtney Love, and Universal Music Group, have not publicly responded to the appeal.
Kurt Cobain's blue Fender guitar displayed
Nirvana members posing in recording studio
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