“Nirvana Baby” Spencer Elden has appealed the court’s recent dismissal of his child pornography lawsuit.
Elden was featured on the cover of the band’s legendary 1991 album Nevermind when he was just four months old. The album cover shows a naked baby swimming to reach for a dollar bill.
In 2021, Elden filed a lawsuit alleging the album cover caused him “extremely lasting psychological or emotional injury.”
It was dismissed by a federal judge in September, who claimed that the artwork did not constitute child pornography and that Elden waited too long to make the claims.
This was the third time Elden had filed and denied a lawsuit against the band. After his case was dismissed, the judge informed him that he was unable to appeal again.
Elden has now appealed the termination. The appeal reportedly relates to Masha’s law, which allows victims of child pornography to seek justice and compensation in adulthood.
By appealing, Elden is demanding monetary compensation and urging the band to censor any upcoming re-releases.
In a statement received from TurnElden’s appeal is reportedly based on the 31-year-old still facing ongoing damage from the camouflage.
“[Elden] is aware that Appellees is commercially using the frontal nude image of him as a four-month-old child to: a[n] Album to millions of people (many of whom he doesn’t know) around the world,” read the appeal from Elden’s representatives.
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“Understandably, this will cause him permanent serious mental or emotional harm for which he is entitled to damages and an injunction.
“While this remedy won’t rid the world of his sexualized image, it will give him the opportunity to seek mental health treatment and the benefit of knowing that the complainants’ dissemination and repeated invasion of his privacy will finally stop.” ‘ they added.
In his original lawsuit, Elden alleged that he was the victim of “child sexual exploitation” and that the artwork was an image of child sexual abuse that was “knowingly produced, owned and promoted” by Nirvana.
The claims are against all members of the band (Dave Grohl, Krist Novoselic and Kurt Cobain’s estate), photographer Kirk Weddle and several record labels involved in the creation and distribution.
Elden had previously attempted to have the artwork censored for the artwork’s 30th anniversary edition, but was unable to approve it.
Nirvana drummer and Foo Fighters frontman Dave Grohl previously pointed out that Eden has a tattoo honoring the artwork.
https://www.independent.co.uk/arts-entertainment/music/news/nirvana-baby-spencer-eldon-appeal-lawsuit-b2241235.html Nirvana baby Spencer Eldon files appeals court that dismissed his third lawsuit against the band