According to Billboard, Spencer Elden, the man who appeared on the cover of Nirvana’s “Nevermind” as a baby, has appealed the latest ruling on his “child pornography” lawsuit against the band. This news comes shortly after Judge Fernando M. Olguin dismissed the case once again.
As previously reported, Olguin recently ruled that the album cover did not meet the criteria for “child pornography.” According to him, the photo is “analogous to a family photo of a nude child bathing.” He also referenced instances in which Elden recreated the album cover in 2016, got a “Nevermind” tattoo on his chest, etc.
Despite this, Elden’s lawyer James Marsh says they “respectfully disagree” with Olguin’s assessment:
“As long as the entertainment industry prioritizes profits over childhood privacy, consent and dignity, we will continue our pursuit for awareness and accountability.”
For their part, Nirvana’s legal team are still up for the fight. The band’s attorney Bert Deixler says they intend to “resist with vigor and will prevail.”
Elden initially filed his lawsuit after claiming Nirvana “intentionally commercially marketed the child pornography depicting [him] 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.” He also claimed to have suffered “lifelong damages” as a result.
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