Spencer Elden, who was photographed because the bare child on the duvet of Nirvana’s 1991 Nevermind album, will not be backing down from pursuing authorized motion towards the band. Following a decide’s second dismissal of Elden’s youngster pornography lawsuit earlier this week, his legal professionals have as soon as once more filed an attraction.
To recap, Elden, who’s now in his 30s, sued Nirvana and different events for youngster exploitation again in 2021, claiming the picture of him amounted to youngster pornography, and that his authorized guardians by no means granted consent for the band to make use of the picture as its album cowl. Decide Fernando M. Olguin tossed the lawsuit in 2022 primarily based on the statute of limitations, however it was revived by an appeals court docket. Earlier this week, Olguin dismissed the swimsuit once more, figuring out that the picture is “not youngster pornography.”
On Thursday, simply two days after Decide Olguin’s newest ruling. Elden’s attorneys filed a brand new attraction to reinstate the lawsuit as soon as once more. The legal professionals are asking the Ninth Circuit Court docket of Appeals to overturn Olguin’s judgment and permit a trial to happen.
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In a press release to Billboard, Bert Deixler, an legal professional representing Nirvana, Common Music Group, and Nevermind photographer Kirk Weddle, insisted, “We are going to resist with vigor and can prevail.”
As a part of his ruling dismissing the lawsuit on Tuesday, Decide Olguin reasoned, “Neither the pose, point of interest, setting, nor total context counsel the album cowl options sexually express conduct. This picture — a picture that’s most analogous to a household picture of a nude youngster bathing — is plainly inadequate to help a discovering of [child pornography].”
The decide additionally identified that Elden has profited from the picture by autographing memorabilia and calling himself the “Nirvana child.”
