UPDATE: Looks Like The Nirvana ‘Nevermind’ Lawsuit Isn't Over Just Yet...

5 January 2022 | 12:22 pm | Staff Writer

But the case isn't completely closed just yet...

UPDATE (14/01/22): The controversy surrounding Nirvana's Nevermind continues, with the lawsuit in relation to its cover art refiled at the eleventh hour.

As previously reported by The Music, the lawsuit brought forth by Spencer Elden, who was pictured naked on the front of the album as a baby, was dismissed “with leave to amend” in late December, with Elden having until January 13 to file a new complaint or the case would be dismissed “without prejudice”.

As Digital Music News reports, Elden has filed a new complaint.

A section of the 35-page-long amended filing reads: "Although the image of Spencer on the Nevermind album cover was created over thirty years ago, during the ten years preceding the filing of this action and since…[the defendants] continued to knowingly possess, transport, reproduce, advertise, promote, present, distribute, provide, and obtain the commercial child pornography on the cover of Nirvana’s Nevermind."

The new filing sees a reduction in the number of allegedly violated child pornography and exploitation statutes from eight to six and also references the recent 30th-anniversary editions of Nevermind.

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The lawsuit filed against Nirvana over the cover art of seminal album Nevermind has been dismissed by a US judge.

Last year it was revealed that Spencer Elden, who was pictured naked on the front of the album as a baby, had filed a suit that named Dave Grohl, Krist Novoselic and Courtney Love (the executor of Kurt Cobain’s estate), among others, claiming the image was used without his consent and that it was child abuse.

In December, the defendants requested the case be dismissed, noting that Elden profited from his celebrity as the ‘Nirvana Baby’ and that the suit was past the statute of limitations.

As Variety reports, Elden had until December 30 to oppose the motion to dismiss, which he missed, and thus a judge has issued a dismissal “with leave to amend”.

That means that Elden has until January 13 to file a new complaint or the case will be dismissed “without prejudice”.

Speaking with Vulture last October, Grohl commented on the lawsuit, stating: “I don’t know that I can speak on it because I haven’t spent too much time thinking about it. I feel the same way most people do in that I have to disagree. That’s all I’ll say.”

Grohl also pointed out that Elden has a Nevermind tattoo.