A federal appeals court has revived Spencer Elden's child pornography lawsuit against Nirvana over the iconic "Nevermind" album cover, overturning a previous dismissal based on statute of limitations.

The US Court of Appeals for the Ninth Circuit ruled that each republication of the image, including the 30th anniversary re-release in 2021, could constitute a new "injury" to Elden, effectively resetting the statute of limitations. Judge Sandra Segal Ikuta stated that "victims of child pornography may suffer a new injury upon the republication of the pornographic material."

Elden, who appeared as a naked baby on the 1991 album cover and is now in his 30s, claims the image violates federal child pornography laws by depicting a sexualized image of a minor. His lawsuit targets Nirvana's corporate entity, Kurt Cobain's estate, Dave Grohl, Universal Music Group, and other parties.

The case will now return to a lower court, where Elden must prove his claims that the image meets the definition of child pornography. Nirvana's attorney Bert Deixler maintains the case is "meritless" and considers the ruling a "procedural setback."

Robert Lewis, Elden's lead counsel, expressed satisfaction with the decision, stating it's "important for all child pornography victims." The lawsuit, being a civil action, does not include criminal allegations against any parties.

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