Nirvana faces legal battle over 1991 album cover: The court argues the re-release of the band’s album

The iconic 90s band Nirvana, known for its pop sensation, is now grappling with a child pornography lawsuit concerning the album cover of their 1991 record, ‘Nevermind.’ A federal appeals court ruled against Nirvana, supporting the plaintiff, Elden Spencer, who, as a grown man in his 30s, featured as an infant with no clothes on the album cover.

Reportedly, ‘Nevermind,’ Nirvana's second album, achieved unprecedented success, topping the Billboard 200 chart in January 1992, selling over 30 million copies, and earning diamond certification from The Recording Industry Association of America (RIAA).


However, the album cover has become a focal point of legal controversy for the band, as it finds itself entangled in a child pornography lawsuit.

Elden Spencer, now 30, is the same individual portrayed as a baby with no clothes in a pool chasing a dollar bill attached to a fishing hook on the ‘Nevermind’ album cover. In 2021, Spencer initiated legal action against Nirvana, alleging that the image constituted child pornography and that the band "knowingly produced, possessed, and advertised commercial child pornography."

Initially, the lawsuit was dismissed in 2021 by a lower court on the grounds of the statute of limitations, claiming that Spencer had waited too long to pursue legal action.

In a significant turn, the US Court of Appeals for the Ninth Circuit has revived Spencer's child pornography lawsuit against Nirvana. The court argued that the band's re-release of the album in 2021 for its 30th anniversary could result in new injury to Spencer, resetting the statute of limitations.


Judge Sandra Segal Ikuta stated that child pornography victims may suffer a new injury upon the republication of pornographic material. The judge gave this conclusion by quoting the Supreme Court’s view that every viewing of child pornography is a repetition of the victim’s abuse.

Nirvana's attorney, Bert Deixler, referred to the ruling as a procedural setback but expressed confidence in the upcoming legal proceedings. Deixler stated to Billboard, "We will defend this meritless case with vigor and expect to prevail."

On the other side, Spencer welcomed the court's decision. His attorney, Robert Lewis, emphasized the significance of the ruling for all victims of child pornography.


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