"Nirvana Baby's Child Pornography Lawsuit Revived by Appeals Court"

1 min read
Source: Reason
"Nirvana Baby's Child Pornography Lawsuit Revived by Appeals Court"
Photo: Reason
TL;DR Summary

A lawsuit filed by Spencer Elden, who was famously photographed as a baby on the cover of Nirvana's album "Nevermind," alleging ongoing personal injuries due to the continued use of the photo, is not barred by the statute of limitations, according to a ruling by the Ninth Circuit Court of Appeals. The court held that each republication of child pornography can constitute a new personal injury, similar to defamation, and therefore Elden's claim is timely under the law. The court rejected the argument that Elden's awareness of the defendants' previous distribution of the album cover prevented him from claiming new injuries caused by subsequent distributions.

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