Court rules Nirvana can be sued for child porn over ‘Nevermind’ album cover

A US appeals court has revived a lawsuit against the rock band Nirvana over its famous “Nevermind” album cover, which features a naked baby in a swimming pool reaching for a dollar bill.

The plaintiff, Spencer Elden, claims that the image violates federal child pornography laws and that he suffered lifelong damages from the unauthorized use of his likeness. He is seeking at least $150,000 from each of the defendants, which include the surviving members of Nirvana, the record labels, and the photographer.

The lawsuit was initially dismissed by a lower court in January, on the grounds that it was filed too late. However, the Ninth Circuit Court of Appeals reversed the decision on Thursday, ruling that Elden could sue based on the band’s re-release of the album in 2021 to mark its 30th anniversary.

The appeals court said that each distribution of the album cover could constitute a new injury to Elden, and that the statute of limitations did not prevent him from bringing a claim based on the recent re-release.

The court did not address the merits of Elden’s allegations, which Nirvana’s lawyers have denied. They have argued that the album cover is a protected form of artistic expression and that Elden consented to the photo shoot through his parents, who were paid $200.

Elden, who is now 30 years old, has previously recreated the album cover several times, including for its 25th anniversary in 2016. He has also said in interviews that he was proud to be part of the album, which is widely regarded as one of the most influential rock albums of all time.

The case will now return to the district court for further proceedings.