Spencer Elden still gets a chance. In 1991, the American was seen naked as a baby on what was probably the most iconic cover of the rock band Nirvana – “Nevermind”. Years later, he filed a lawsuit against the group because it allegedly involved child pornography. So far, however, without success, because the lawsuit was dismissed several times due to the statute of limitations. Now this decision is apparently being revised: an appeals court is allowing it Spencer’s Complain now.
Several media outlets, including the New York Times, are reporting that three members of the Los Angeles Court of Appeals are now changing their decision. The reason for this is probably the reuse of the image in the 30th anniversary edition of “Nevermind” in 2021. Therefore, the statute of limitations must be set anew and, for the time being, any further use of the photograph could “represent a new personal injury”. That means, Spencer could well have a chance of fully enforcing his lawsuit if the statute of limitations has now changed. However, the court clearly emphasizes that this is not a case of child pornography.
It is still questionable why Spencer decided to file a lawsuit so late. In recent years he is said to have proudly recreated the famous cover online again and again. Most recently on the anniversary of the record in 2016: the now 32-year-old dived underwater in a pool, albeit in swimming trunks. He also has the title “Nevermind” tattooed on his chest.
