Spencer Elden, the baby on Nirvana's Nevermind album cover, lost a legal case claiming the image was child pornography, with a judge ruling the photo was not sexually explicit and likening it to a family bathing photo. Elden's legal team plans to appeal.
A federal judge dismissed a lawsuit by Spencer Elden, who claimed Nirvana's Nevermind album cover depicted child sexual abuse images, ruling that the photograph is not pornographic and is comparable to a family photo of a nude child bathing.
A lawsuit filed by Spencer Elden, who was photographed as a baby on Nirvana's 'Nevermind' album cover, claiming child exploitation, has been dismissed by a US court, which ruled the image is not child pornography and is protected as a family photo or artistic expression.
A federal judge dismissed a lawsuit by Spencer Elden, who claimed that the naked baby on Nirvana's 'Nevermind' album cover was child sexual abuse imagery, ruling that the cover did not meet the criteria for such imagery.
A US appeals court has revived a lawsuit against rock band Nirvana, accusing them of publishing child sexual abuse images by using a photograph of a naked four-month-old baby on the cover of their 1991 album "Nevermind." The court overturned a previous decision that the plaintiff had waited too long to bring the lawsuit. The court did not address whether the album cover constitutes child sexual abuse. The lawsuit was filed by Spencer Elden, the baby depicted on the cover, who claims he was sexually exploited and suffered personal harm. The case will now proceed to court.
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.
A U.S. appeals court has revived a lawsuit against the rock band Nirvana, accusing them of publishing child pornography by featuring a photograph of a naked four-month-old baby on the cover of their iconic 1991 album "Nevermind." The court overturned a previous decision that the plaintiff, Spencer Elden, had waited too long to file the lawsuit. The court did not address whether the album cover constitutes child pornography. Elden's attorney expressed satisfaction with the decision, while Nirvana's attorney vowed to vigorously defend against the "meritless case." The lawsuit also involves other defendants, including surviving band members and the photographer. The case is based on Nirvana's republication of the cover in recent years.