The case of the cover No matterby Nirvana, was revived on appeal.
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Spencer Elden – who appeared on the band's album cover when he was four months old – last year claimed damages for “unlawful conduct” which the 32-year-old said had caused him “permanent harm”.
The district court dismissed the lawsuit last December due to the 10-year statute of limitations.
However, on Thursday (December 21, 2023), the Ninth Circuit Court of Appeals reversed the district court's decision, finding that any new publication of the image resets the statute of limitations for Spencer Elden's lawsuit.
“Victims of child pornography may suffer further harm if the pornographic material is republished,” Judge Sandra Segal Ikuta wrote on behalf of a three-judge panel. This conclusion is consistent with the Supreme Court’s view that any viewing of child pornography constitutes a repetition of the abuse suffered by the victim.”
The case is sent to a lower court, where Spencer Elden must prove that the image is child pornography.
“We will vigorously defend this baseless case and hope to prevail,” Bert Deixler, Nirvana’s attorney, said in a statement.