Metal Anarchy

According to Rolling Stone, Spencer Elden, the man who appeared on the cover of Nirvana’s “Nevermind” as a baby, has successfully appealed his “child pornography” lawsuit against the band. This news comes after he previously invoked Masha’s Law, which allows victims of child pornography to seek monetary damages as adults.

The court said the following:

“Like victims of defamation, victims of child pornography may suffer a new injury upon the republication of the pornographic material. Accordingly, we conclude that each republication of child pornography can constitute a new personal injury analogous to injuries caused by defamation and other dignitary torts. This conclusion is consistent with the Supreme Court’s view that ‘every viewing of child pornography is a repetition of the victim’s abuse.’”

Bert H. Deixler, who is representing the band and other defendants, also commented:

“This procedural setback does not change our view. We will defend this meritless case with vigor and expect to prevail.”

The lawsuit previously claimed that Nirvana “intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the Nevermind album, the band, and Nirvana’s music, while earning, at a minimum, tens of millions of dollars in the aggregate.” Elden also claimed he suffered “lifelong damages” as a result.

It is unclear what he is currently seeking, but the original suit said he wanted a minimum of $150,000 per defendant. Members of the band, Courtney Love, record labels and more were among the various defendants.