The US Court of Appeals for the Ninth Circuit has revived Spencer Elden's child pornography lawsuit against Nirvana over the iconic Nevermind album cover. The decision overturns a previous ruling that dismissed the case based on statute of limitations.

Photo Credit: Theresa Arzadon-Labajo / CC by 2.0

Elden, who appeared as a naked baby on the 1991 album cover, argues that the image violates federal child pornography laws. The appeals court determined that each republication of the image, including the 2021 30th anniversary re-release, could constitute a new "injury," effectively resetting the statute of limitations.

Judge Sandra Segal Ikuta stated, "Victims of child pornography may suffer a new injury upon the republication of the pornographic material," aligning with Supreme Court views that each viewing represents a repetition of abuse.

The case will return to a lower court where Elden must prove the image meets child pornography definitions. Nirvana's attorney Bert Deixler maintains the case is "meritless" and considers the ruling a "procedural setback."

The lawsuit targets Nirvana's corporate entity, Kurt Cobain's estate, Dave Grohl, Universal Music Group, and other parties. As a civil action, no criminal allegations have been made.

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