Spencer Elden , better known as "Baby Nirvana ," has appealed the dismissal of his lawsuit , which had been rejected in September. He claims to be a victim of child sexual exploitation after appearing on the cover of the album Nevermind (1991) at four months old.
Even though this is not the first time the case has been dismissed , the now 31-year-old plaintiff continues to maintain that Nirvana stimulated a sexual response from the viewer through this "sex trafficking enterprise."
According to Spin , Elden's lawyers argued that the California court judge incorrectly defined the statute of limitations in the case, since the harm caused by the photo continues. They also cite Masha's Law, which allows for compensation into adulthood for victims of child pornography.
“The courts have repeatedly held that the distribution of child pornography infringes upon the dignity and interests of a victim, regardless of the victim’s age at the time of distribution,” the documents state. Furthermore, they reinforce Kurt Cobain Nevermind cover as a “manifestation of his emotional and sexual disorders.”
Another citation from the lawsuit alleges that Spencer is aware of the commercial exploitation and violation of privacy that his nude image has caused to countless people around the world, leading him to develop significant emotional and psychological harm. Therefore, compensation would help with the costs of psychological treatment.
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