Judgment on Statute of Limitations Overturned in Appeal
Case Lost in 2021 Resumed Through Appeal Trial
The lawsuit filed by the individual featured in the nude photo on the cover of the legendary rock band Nirvana's 1991 classic album Nevermind was dismissed in the first trial but has been reopened following an appellate court ruling.
On the 23rd (local time), U.S. daily newspapers including The New York Times (NYT) reported that the federal appellate court in California overturned the first trial ruling, which had favored Nirvana in the lawsuit filed by Spencer Elden (32), the person in the Nevermind cover photo, and sent the case back to the district court.
The cover of Nirvana's 1991 album 'Nevermind' [Image source=Nirvana X (X, formerly Twitter) capture]
Elden’s album cover photo shoot was arranged when his parents agreed to a request from photographer Kirk Weddle, who was a family friend. At the time, Nirvana reportedly paid Elden’s parents $200 (approximately 260,000 KRW) as a fee for the use of the photo.
Nevermind instantly propelled Nirvana to global stardom upon its release, with hit songs such as “Smells Like Teen Spirit” and “In Bloom.” The album sold over 30 million copies worldwide and is regarded as a classic that popularized Grunge Rock and transformed the landscape of popular music.
The cover, featuring a baby swimming toward a one-dollar bill hooked on a fishing line, received critical acclaim, ranking 7th on Billboard’s list of the “Top 50 Album Covers of All Time.”
Now a graphic artist, Elden reflected on the 25th anniversary of Nevermind in 2016, saying, “I was only four months old at the time of the photo shoot, so I don’t remember the circumstances, but it’s amazing that what I did for five minutes then has become such an iconic image.” He also released a photo recreating the album cover pose for the anniversary.
Spencer Elden poses in the same position as 25 years ago to celebrate the 25th anniversary of the release of 'Nevermind' [Image source=Nirvana X (X, formerly Twitter) capture]
However, in 2021, Elden suddenly changed his stance. He claimed that the use of his nude photo on the Nevermind cover constituted child sexual exploitation. He filed lawsuits seeking approximately $150,000 (about 200 million KRW) in damages from 15 defendants, including the late leader Kurt Cobain’s widow and Nirvana members.
In September of last year, the first trial court dismissed the lawsuit, ruling that the statute of limitations had expired as more than ten years had passed since Elden first became aware of the alleged harm. Elden argued, “I have suffered continuous pain throughout my life because of the photo on the album, so I have the right to claim damages regardless of the statute of limitations,” but this was not accepted.
However, the three-judge appellate court panel sided with Elden. They reasoned that since Nevermind has been continuously reissued over the past ten years, his claim could be recognized. The court stated, “The issue in this appeal is not whether the album cover meets the definition of child pornography.”
Regarding the ruling, Nirvana’s legal team issued a statement saying, “We intend to vigorously defend against this frivolous lawsuit and ultimately expect to win.”
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