Spencer Elden didn’t say “Nevermind” and the lawsuit against Nirvana continues

The lawsuit filed against grunge icons Nirvana by the man who posed as a baby on the cover of their classic album “Nevermind” has resumed. It was announced earlier this week that Nirvana had won the most recent phase of the case, which was once again dismissed after a court determined that it did not fit the definition of “child pornography.” After appearing nude on the album’s cover as a baby in a picture shoot that was supervised with his parents’ permission, Spencer Elden filed the lawsuit against the band, as reported by theprp. Over the years, it was revealed that Elden, who is currently in his 30s, had aggressively embraced the fact that he was on that cover. Among other things, he had “Nevermind” tattooed on him and recreated the 2016 picture shoot. Even yet, in August 2021, he filed a lawsuit against the band. Because he was on the album, which sold over 13 million copies in the US alone, he claimed in his complaint that he had suffered “lifelong damages.” Additionally, he described the cover image as being equivalent to child pornography.

Since then, the case has taken many different turns, including being dismissed in early 2022 because the band’s request was not answered. Days later, it was swiftly brought back to life. The case was dismissed again in September 2022, but this time with prejudice since the judge raised issues with the statute of limitations. Invoking Masha’s Law, a federal statute that allows for extensions beyond the usual statute of limitations when child pornography-related offenses are involved, Elden’s legal team was able to successfully appeal that dismissal. Elden and his legal team were able to challenge the decision once more because this most recent dismissal was not made with prejudice. According to Billboard, an appeal was filed on Thursday, October 2.

We will resist with vigor and will prevail.

A lawyer for Nirvana, Universal Music Group, and photographer Kirk Weddle on the cover.