A US appeals court on Thursday revived a case accusing rock band Nirvana of publishing child pornography using a photograph of a naked four-month-old baby on the cover of their 1991 album “Nevermind”.
The 9th U.S. Circuit Court of Appeals overturned a lower court’s ruling that Spencer Elden, the child featured on the cover, waited too long to sue the group. Reuters.
“This procedural failure does not change our view. We will vigorously defend this baseless case and hope to prevail,” Bert Deixler, Nirvana’s lawyer, said Thursday.
Elden’s lawyer, Robert Lewis, said his client was “very pleased with the decision and looks forward to going to trial.”
Elden, now 32, first sued the band and Universal Music Group in 2021, accusing them of sexually exploiting him by using his image on the cover of their Nevermind album and causing him permanent personal harm.
Others charged include surviving Nirvana members Dave Grohl and Krist Novoselic, late frontman Kurt Cobain’s widow Courtney Love and photographer Kirk Weddle.
The lawsuit arose from Nirvana’s use of a photograph taken by Weddle at the Pasadena Aquatic Center in California, showing Elden swimming naked toward a dollar bill on a hook.
Author: morning Post
Source: CM Jornal
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