Spencer Elden, the baby featured swimming on the cover of the classic NIRVANA album “Nevermind” has appealed the latest decision to dismiss his case against the band
Elden initially filed a lawsuit against NIRVANA and those associated with the group back in August 2021, claiming that the cover image of him as a baby is child pornography. The lawsuit was eventually dismissed by U.S. District Judge Fernando Olguin, based on his determination that Elden waited too long to make his claim.
Spin reports that Elden has filed an appeal with California’s Ninth Circuit Court of Appeals claiming that Olguin’s ruling was made incorrectly. Spencer’s appeal states that a statute of limitations doesn’t apply in this situation because his “suffering is ongoing”, citing Masha’s Law, which allows child pornography victims to seek damages in their adulthood.
“[Elden] is aware that Appellees are commercially exploiting the frontal nude image of him as a four–month–old child to sell a[n] album to millions of people (many of whom he does not know) around the world,” reads a portion of the appeal.
“This understandably causes him extreme ongoing psychic or emotional injury for which he is entitled to damages and an injunction. Although this remedy will not rid the world of his sexualized image, it will provide him the means to get mental health treatment and give him the benefit of knowing that the distribution and repeated violation of his privacy by Appellees will finally stop.”
NIRVANA and company initially called the lawsuit “not serious,” claiming that Elden has “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby'”. The parties involved also make the argument that a photo of a naked baby is not child pornography.