Federal court revives lawsuit over naked baby on Nirvana's 'Nevermind

A US federal appeals court on Thursday ruled against grunge rock group Nirvana, reviving a lawsuit about the band's use of a naked baby on the cover of its 1991 album "Nevermind." The case will now return to the district court.

A district court judge had dismissed Spencer Elden's lawsuit that said he was a victim of child sexual abuse imagery, ruling that the complaint had not been filed within the 10-year statute of limitations. But a three-judge panel on the U.S. Court of Appeals for the 9th Circuit reversed that decision, finding that "each republication" of an image "may constitute a new personal injury."

The appeals court noted that Elden's 2021 complaint says Nirvana has reproduced the album cover within the past 10 years, including the band's September 2021 rerelease of "Nevermind."


"The question whether the 'Nevermind' album cover meets the definition of child pornography is not at issue in this appeal," the court wrote in a footnote.

Elden's lawyer did not respond to the comment request. Bert H. Deixler, a lawyer for Nirvana, said in a statement that the opinion was a "procedural setback."

"We will defend this meritless