It’s on. Again. The Nevermind baby lawsuit has been re-filed.

There’s a new chapter in the saga of Spencer Eldon and his lawsuit against Nirvana, their record label, and a photographer over his nude appearance on the cover of the Nevermind album in 1991. After all this time, he and his lawyers claim that Spencer was exploited as a child and that the cover artwork constitutes abuse if not outright pornography.

Eldon, who is now 31, had his suit dismissed by a federal court earlier this month because his lawyers missed a deadline. Undeterred, the lawyers have refiled the suit on the last day they were permitted to do so. The new paperwork features an amended complaint that addresses a statute of limitation issue. I quote:

“[D]uring the ten years preceding the filing of this action and since, Nirvana, L.L.C. [et al.] continued to knowingly possess, transport, reproduce, advertise, promote, present, distribute, provide, and obtain the commercial child pornography on the cover of Nirvana’s Nevermind album depicting Spencer.

“For example, in September 2021, to celebrate the 30th anniversary of Nirvana’s Nevermind album’s release, the Defendants rereleased the Nevermind album which continues to feature a lascivious exhibition of Spencer’s genitals on the cover.”

The result, the claim says, is that Spencer has suffered “permanent harm” and demands financial compensation as well as alterations to all future releases of Nevermind.

Nirvana’s people have until the end of the month to respond. This isn’t over yet.

Alan Cross

is an internationally known broadcaster, interviewer, writer, consultant, blogger and speaker. In his 40+ years in the music business, Alan has interviewed the biggest names in rock, from David Bowie and U2 to Pearl Jam and the Foo Fighters. He’s also known as a musicologist and documentarian through programs like The Ongoing History of New Music.

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