A federal appeals court has revived Spencer Elden's child pornography lawsuit against Nirvana regarding the iconic Nevermind album cover. The US Court of Appeals for the Ninth Circuit overturned a previous ruling that dismissed the case based on statute of limitations.

Photo Credit: Theresa Arzadon-Labajo / CC by 2.0

The court determined that each republication of the image, including the 2021 30th anniversary re-release, could constitute a new "injury" to Elden, effectively resetting the statute of limitations. Judge Sandra Segal Ikuta stated, "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. His lawsuit targets Nirvana's corporate entity, Kurt Cobain's estate, Dave Grohl, Universal Music Group, and various other parties.

Key developments:

• The case returns to lower court for evaluation of Elden's claims
• Nirvana's attorney Bert Deixler calls the case "meritless" and the ruling a "procedural setback"
• Robert Lewis, Elden's attorney, welcomes the decision as important for all child pornography victims
• The lawsuit is a civil action with no criminal allegations

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