Spencer Elden, the naked baby on the cover of NIRVANA’s iconic 1991 album Nevermind, has revived his lawsuit against the band and others involved in the cover art. He accuses them of producing child p*rnography with his image. Elden, now in his 30s, has pursued this legal action before, but it was dismissed and appealed. Now, he has won the appeal and the case will proceed.
Elden says he was only four-months-old when he was photographed for the cover and that he has been harmed by the exposure ever since. He alleges that he is a survivor of child p*rnography because of the cover and that he has endured “lifelong damages” from it.
According to previous documents, Elden’s parents received money for the photo session. Elden’s lawyers used Masha’s Law in an appeal last year, which lets people who were harmed by child p*rnography claim money for their injuries even when they are adults, bypassing the time limit.
The appeal worked, as Rolling Stone reports that the appeals court ordered the case to go back to federal court, saying: “Like victims of defamation, victims of child p*rnography may suffer a new injury upon the republication of the p*rnographic material. Accordingly, we conclude that each republication of child p*rnography can constitute a new personal injury analogous to injuries caused by defamation and other dignitary torts. This conclusion is consistent with the Supreme Court’s view that ‘every viewing of child p*rnography is a repetition of the victim’s abuse.’”
Elden previously sought damages of either $150,000 from each of the 17 defendants or unspecified damages to be determined at trial, attorney fees, an injunction to prohibit all parties “from continuing to engage in the unlawful acts and practices described herein,” and a trial by jury.
Elden claimed that his parents never signed a release authorizing the use of the photos, which were taken in a Pasadena aquatic center in 1990. He alleges that the band promised to cover his genitals with a sticker, which was never incorporated into the album art.
