Nirvana Album Baby Files Appeal in Nevermind Cover Lawsuit Dismissal
Spencer Elden, known as the "Nirvana Baby," has officially filed an appeal against the dismissal of his child-pornography lawsuit regarding Nirvana's iconic Nevermind album cover.
Blue vinyl record on turntable
Background:
- Elden appeared on Nevermind's cover as a 4-month-old baby in 1991
- His father received $200 for the photoshoot and a platinum album copy
- Elden previously recreated the image as an adult and spoke positively about its impact
- Nevermind has sold over 10 million copies in the US alone
The Lawsuit:
- Filed in August 2021, before the album's 30th anniversary
- Claims "permanent harm" from the photo
- Alleges defendants "knowingly produced, possessed, and advertised commercial child pornography"
- Seeks restitution and profits from the album's success
Appeal Details:
- Filed with the Ninth Circuit Court of Appeals
- Argues statute of limitations shouldn't apply due to ongoing harm
- Cites Masha's Law, which allows child pornography victims to seek damages in adulthood
- Challenges the "erroneous dismissal" of the original case
The defendants, including surviving Nirvana members, Courtney Love, and Universal Music Group, have not publicly commented on the appeal.
Kurt Cobain's blue Fender guitar displayed
Nirvana members posing in recording studio