Spencer Elden, who appeared as a naked 4-month-old baby swimming toward a dollar bill on the cover of Nirvana’s iconic ‘91 “Nevermind” album, can proceed with his legal claim of child pornography against the band following a federal appeals court ruling (on 12/21).
The Ninth Circuit wrote “this conclusion is consistent with the Supreme Court’s view that ‘every viewing of child pornography is a repetition of the victim’s abuse’.”
Elden, now in this 30’s, claimed the defendants “knowingly” continued to reproduce, distribute and promote the album cover” and “continues to feature a lascivious exhibition of Spencer’s genitals on the cover.”
“This procedural setback does not change our view,” Nirvana‘s lawyer said. “We will defend this meritless case with vigor and expect to prevail.”
In addition to the band, Universal Music Group, Geffen Records, MCA Records and Courtney Love (as the executor of Kurt Cobain’s estate) are among the defendants named in the case.
