In a surprising turn of events, the legal case surrounding Nirvana's iconic album cover for “Nevermind” has been revived by the US Court of Appeals for the Ninth Circuit. The lawsuit, filed by Spencer Elden, who was the four-month-old baby depicted naked on the album cover, accuses the band and their label of distributing child abuse images. Elden claims that the sale of over 30 million copies of the album, featuring his exposed penis, has caused him significant physical, psychological, financial, and reputational damages. Seeking damages of $130,000, Elden's case was initially dismissed last year due to being outside the 10-year statute of limitations.

However, the recent decision by the appeals court has shed new light on the matter, stating that the republication of the album in the last decade "may constitute a new personal injury." This includes the re-released version of the album in 2021. This development has given Elden new hope, as his attorney stated that he is "very pleased" with the decision and looks forward to having his day in court.

The controversial album cover, which features Elden swimming naked towards a dollar bill on a fishhook, was photographed by Kirk Weddle at the Pasadena Aquatic Center in California. Elden's parents were paid a mere $200 for their participation in the photoshoot. Over the years, the cover has gained recognition and was even rated as the third-best sleeve of all time in a Rolling Stone magazine poll.

The lawsuit targets not only the band's surviving members, Dave Grohl and Krist Novoselic, but also Kurt Cobain's widow, Courtney Love, and photographer Kirk Weddle. Elden's attorney argues that the album cover has sexually exploited his client and caused him ongoing harm. The case alleges that the band and their label failed to fulfill their promise to cover Elden's exposed genitals with a sticker, further exacerbating his distress.

In a 2007 interview with MTV, Elden expressed discomfort with the album cover, stating, "It's kind of creepy that many people have seen me naked. I feel like the world's biggest porn star." This sentiment highlights the lasting impact that being associated with such a widely recognized album cover has had on his life.

While the court's ruling does not address whether the cover constitutes child sexual abuse, it has reopened the possibility for Elden to pursue his claims in court. Nirvana's lawyer, Bert Deixler, maintains that the case is “meritless” and vows to defend it with vigor.

As this legal battle unfolds, it raises questions about the boundaries of artistic expression, the impact of image distribution on individuals' lives, and the responsibility of artists and labels in protecting the rights and well-being of those involved in their creations. The outcome of this case may have far-reaching implications for both the music industry and the legal interpretation of child protection laws.