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Nirvana “Nevermind” Child Pornography Lawsuit To Go Ahead Following Successful Appeal


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The lawsuit brought against grunge rock legends Nirvana by “Nevermind” cover star Spencer Elden is now officially back on. Elden, now in his 30s, appeared naked on the cover of the aforementioned landmark diamond-certified 1991 record, previously filed suit against several members of the band and other associated parties, claiming that the cover image constituted child pornography. That suit, which has been dismissed and appealed prior, has once again been successfully appealed and is set to go ahead.

Elden, who was four-months-old during the time of the cover shoot, maintains via the suit to be a victim of child pornography as a result of appearing on the cover and has previously claimed to have suffered “lifelong damages” as a result.

It has been stated in past filings that Elden‘s parents were financially compensated for the photo shoot. Late last year amid an appeal, Elden‘s legal team invoked Masha’s Law, which allows potential victims of child pornography to seek monetary damages into their adulthood, outweighing the statue of limitations.

It seems that appeal proved to be successful as Rolling Stone report that the appeals court have sent the case back to federal court, ruling:

“Like victims of defamation, victims of child pornography may suffer a new injury upon the republication of the pornographic material. Accordingly, we conclude that each republication of child pornography can constitute a new personal injury analogous to injuries caused by defamation and other dignitary torts. This conclusion is consistent with the Supreme Court’s view that ‘every viewing of child pornography is a repetition of the victim’s abuse.’”

Bert H. Deixler, who is representing the band and several related defendants in the case, commented:

“This procedural setback does not change our view. We will defend this meritless case with vigor and expect to prevail.”

In the past, Elden had seemingly embraced the association he had with the hit album, having gotten “Nevermind” tattooed across his chest, while also recreating the the cover art in a photoshoot that took place back in 2016.

His previous versions of the suit had him seeking $150,000 in damages from each of the named defendants, which include the band’s surviving members, Courtney Love (as executor of Kurt Cobain‘s estate, several associated record labels and more.

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