Nirvana 'Nevermind' Lawsuit Flares Up Again - Noise11.com
Nirvana Nevermind 30th anniversary edition

Nirvana Nevermind 30th anniversary edition

Nirvana ‘Nevermind’ Lawsuit Flares Up Again

by Music-News.com on December 26, 2023

in News

A U.S. appeals court has revived a lawsuit accusing Nirvana of publishing child pornography by using a photo of a naked baby on the cover of their hit 1991 album Nevermind.

Spencer Elden – who featured on the band’s album cover as a 4-month-old baby – sought personal injury damages last year for “unlawful conduct” which the 32-year-old claimed had caused him “permanent harm.”

The district court dismissed the action last December, due to the 10-year statute of limitations.

However, on Thursday, the U.S. Court of Appeals for the Ninth Circuit overturned the district court’s decision, ruling that each new republication of the image resets the previous statute of limitations on Elden’s claim.

“Victims of child pornography may suffer a new injury upon the republication of the pornographic material,” Judge Sandra Segal Ikuta wrote for a three-judge panel. “This conclusion is consistent with the Supreme Court’s view that every viewing of child pornography is a repetition of the victim’s abuse.”

The case is set to be returned to a lower court, where Elden will have to prove the image constitutes child pornography.

“We will defend this meritless case with vigor and expect to prevail,” Nirvana attorney Bert Deixler said in a statement.

music-news.com

Stay updated with your free Noise11.com daily music news email alert. Subscribe to Noise11 Music News here

Be the first to see NOISE11.com’s newest interviews and special features on YOUTUBE and updated regularly. See things first SUBSCRIBE here: Noise11 on YouTube SUBSCRIBE

Noise11.com

Related Posts

R.E.M. Photo by Ros O'Gorman, noise11.com, music news
R.E.M. Reform For CBS Television Interview and Songwriters Hall of Fame

The four members of R.E.M. Michael Stipe, Peter Buck, Mike Mills, and Bill Berry, reunited for their first interview together in 30 years for CBS Television this week ahead of their induction into the Songwriters Hall of Fame.

2 days ago
Fenix TX
Fenix TX Bass Player Adam Lewis Dies Aged 45

Adam Lewis, a founding member and bass player for Fenix TX, has died from pancreatic cancer at age 45.

2 days ago
Wu-Tang Clan ONCE UPON A TIME IN SHAOLIN
Wu-Tang Clan Album Are Being Sold As NFTs

Samples of Wu-Tang Clan’s one-off ‘Once Upon a Time in Shaolin’ album are now available as NFT.

2 days ago
Placebo photo by Mads Perch
Placebo Reveal Details of Doco

Placebo announce the release of their second feature-length documentary called This Search For Meaning. This intimate and enlightening film explores the ideas that inhabit the lyrics and subject matter of Placebo’s songs, whilst charting their evolution as a group and as human beings. It is a fearless, truthful and forthright exploration of the creative process and the rock ‘n’ roll lifestyle, along with its inevitable consequences.

2 days ago
Spice Girls images photo noise11.com
David Beckham Shuts Down Spice Girls Reunion Rumours

David Beckham has shut down rumours of a Spice Girls reunion.

2 days ago
The Whitlams Love This City
The Whitlams To Perform Entire Love This City Live

Tim Freedman will perform the entire ‘Love This City’ album live with The Whitlams from October.

3 days ago
Wu-Tang Clan ONCE UPON A TIME IN SHAOLIN
Martin Shkreli Sued For Breaking Copyright Of Wu-Tang Clan Album

Scumbag, disgraced pill lord and convicted felon Martin Shkreli is being sued for breaking copyright of the one-off Wu-Tang Clan album he once owned ‘Once Upon A Time In Shaolin’.

3 days ago