Hoping an appeals court will say “nevermind” to an earlier dismissal, the so-called Nirvana baby has filed a lawsuit against the makers of the 1991 Nirvana album “Nevermind” for their use of his nude baby photo as the album cover.
As reported in Spin magazine, Spencer Elden has appealed his lawsuit against Universal Music Group, the surviving members of the band and other parties after a judge dismissed the suit without prejudice on September 2 under a 10-year statute of limitations for his child pornography claim.
As reported by Spin, Mr. Elden expressed both approval and dismay that he was associated with the album cover when he was four months old. In 2016, in a publicity stunt, he recreated the pose and the album cover in a photo shoot. But just before the album’s 30th anniversary, he changed his mind and filed a lawsuit seeking significant financial damages for “wrongful conduct” that he says has caused him “permanent harm.”
In the new filing with the California Ninth Circuit Court of Appeals, Elden’s attorneys argue that the judge wrongly ruled that a statute of limitations applies to the case, because the harm Elden suffered from the photo is ongoing.