Nirvana is facing a huge legal headache as the baby, who is now a man, has won an appeal on the lawsuit he had filed against Nirvana and Kurt Cobain's estate, among many others.
Spencer Elden, whose nude baby picture appeared on the album cover art of one of the most iconic album arts in rock history, is accusing the band of child pornography.
Nirvana 'Nevermind' Baby Update
According to Billboard, the U.S. Court of Appeals for the Ninth Circuit ruled that each new republication of the image could constitute a new "injury" to Spencer Elden that would reset the statute of limitations.
In 2021, Nirvana re-released the album for the 30th anniversary of the iconic record. They have since dismissed the civil lawsuit because of how it goes beyond the statute of limitations.
"Victims of child pornography may suffer a new injury upon the republication of the pornographic material," Judge Sandra Segal Ikuta said in a statement. "This conclusion is consistent with the Supreme Court's view that every viewing of child pornography is a repetition of the victim's abuse."
However, this appeal win does not mean that Elden had already won the appeal, but only means that the lawsuit will be returned to a lower court where he could defend and argue his child pornography case and actually define that what has been happening is a case of child pornography.
Nirvana has since described the win as a "procedural setback" for them as they will "defend this meritless case with vigor and expect to prevail."
Elden, on the other hand, says "Spencer is very pleased with the decision and looks forward to having his day in court. The decision is important for all child pornography victims."
READ ALSO: Kurt Cobain Was Jealous of Dave Grohl: Nirvana's Biographer Drops Shocking Revelation
Nirvana 'Nevermind' Baby 2021 Lawsuit
In 2021, Spencer Elden accused Nirvana of child pornography for a "lascivious" display of his minor's genitals, on the cover art that's prohibited under federal child pornography statutes. (via Billboard)
"Spencer's true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day," the lawsuit claimed at the time.
Elden has named Nirvana, Kurt Cobain's estate, Universal Music Group, Dave Grohl, and other companies and individuals instrumental to the republication of Nirvana's "Nevermind."
READ ALSO: Nirvana 'In Utero': 30th Anniversary of Album Remastered Includes Unreleased Songs, Concert Movies
