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Hoping an appeals court will say “nevermind” to an earlier dismissal, the so-called Nirvana baby has filed an appeal of a lawsuit against the creators of the 1991 Nirvana album “Nevermind” over their use of his nude baby photo as the cover for the album.
As reported in Spin magazine, Spencer Elden has appealed his suit against the Universal Music Group, the surviving members of the band, and other parties after a judge dismissed the suit without prejudice on Sept. 2 over a 10-year statute of limitations for his claim of child pornography.
As reported by Spin, Mr. Elden has expressed both approval and dismay about being associated with the album cover when he was four months old. In 2016, in a publicity stunt, he recreated the pose and album art in a photoshoot. Yet just before the 30th anniversary of the album, he changed his mind and filed a lawsuit seeking significant financial damages for “unlawful conduct” that he says has caused him “permanent harm.”
In the new filing with California’s Ninth Circuit Court of Appeals, Mr. Elden’s lawyers claim the judge ruled in error that a statute of limitations applies to the case, because the harm Elden suffered from the photo is ongoing.