US Appeals Court Resurrects Lawsuit Alleging Nirvana's Sexual Exploitation in Connection with 'Nevermind' Album Cover

December 23, 2023

A recent ruling by the 9th US Circuit Court of Appeals has revived a lawsuit against the rock band Nirvana, accusing them of publishing child sexual abuse images.

The lawsuit centers around the iconic cover of their 1991 album "Nevermind," featuring a photograph of a naked four-month-old baby, Spencer Elden. The court overturned a previous decision that Elden had waited too long to bring the lawsuit. While the court did not address whether the cover constitutes child sexual abuse, Nirvana's attorney, Bert Deixler, remains confident in defending what he deems a meritless case. Elden's attorney, Robert Lewis, expressed satisfaction with the decision, emphasizing Elden's eagerness to have his case heard.

The lawsuit, initiated in 2021, accuses Nirvana and Universal Music Group of sexually exploiting Elden through his portrayal on the album cover, causing ongoing personal harm. Other defendants include surviving Nirvana members, Dave Grohl and Krist Novoselic, Kurt Cobain's widow Courtney Love, and photographer Kirk Weddle.

The legal dispute stems from the band's use of a photo taken by Weddle at the Pasadena Aquatic Center, depicting Elden swimming naked towards a dollar bill on a fish hook.

Despite a previous dismissal by US District Judge Fernando Olguin, the 9th Circuit panel's unanimous decision allows Elden to proceed with the lawsuit based on Nirvana's recent republication of the cover. This includes its appearance in a re-released version of "Nevermind" from 2021, setting the stage for a potential legal battle over the album's controversial imagery.