Spencer Elden's child pornography lawsuit against Nirvana and other parties over the use of her image in the iconic It doesn't matter The album cover has been reinstated by the United States Court of Appeals for the Ninth Circuit. The decision comes more than a year after a California district court dismissed the lawsuit.
According to an official summary of the new ruling, filed Thursday (Dec. 21), the appeals court reversed the district court's decision “because each republication of child pornography may constitute a new personal injury, Elden's complaint alleging republication of the album cover within the ten years prior to its action did not prescribe.”
In August 2021, Elden sued Krist Novoselic, Dave Grohl, and Courtney Love (representing Kurt Cobain's estate), as well as Universal Music Group, Geffen Records, photographer Kirk Weddle, and other parties over the use of his likeness as a naked 4. one month old baby It doesn't matter album cover. He alleged that he was “extensively exploited by the defendants who knowingly possessed, transported, reproduced, advertised, promoted, presented, distributed, provided and obtained commercial child pornography depicting [Elden].”
Nirvana and the other parties filed a motion to dismiss in December 2021, arguing that the complaint was “not serious” and that Elden “spent three decades profiting from his celebrity as the self-proclaimed 'Nirvana Baby.'” The lawsuit was later dismissed. Elden missed the deadline to respond, but refiled the lawsuit in January 2022, only to have the lawsuit dismissed in September 2022 by U.S. Judge Fernando Olguín, who ruled that the complaint was filed beyond the deadline. 10-year prescription.
In detailing its decision to overturn the dismissal, the United States Court of Appeals for the Ninth Circuit noted that “Elden's lawsuit alleges new injuries, arising from defendants' redistribution of the album cover over the previous ten years.” into action,” including the 30th Anniversary Box that was released in 2021.
The appeals court concluded: “Because Elden's claim is not barred by the ten-year statute of limitations set forth in § 2255(b)(1)(B), the 16th district court ELDEN V. NIRVANA LLC found erred in granting defendants' motion. dismiss for reasons of prescription.”
In addition to seeking monetary compensation, Elden has requested that the cover of all future reissues of It doesn't matter.
The full decision from the United States Court of Appeals for the Ninth Circuit can be read at this place.
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