The legal battle over the cover of Nirvana’s Nevermind isn’t over yet.
Spencer Elden, who was photographed for the iconic cover as a four-month-old baby, has appealed a judge’s decision to dismiss his lawsuit against the band.
Elden, now 31, claims that the photo constitutes child pornography and has caused him permanent mental and emotional harm.
Elden’s attorneys claim: “Courts have repeatedly held that distribution of child pornography infringes a victim’s dignity interests no matter the victim’s age at the time of distribution.”
“This understandably causes him extreme ongoing psychic or emotional injury for which he is entitled to damages and an injunction.” Elden’s legal team continues, “Although this remedy will not rid the world of his sexualized image, it will provide him the means to get mental health treatment and give him the benefit of knowing that the distribution and repeated violation of his privacy by Appellees will finally stop.”
The initial lawsuit was dismissed in January after Elden missed a court deadline.