Spencer Elden, the baby on the cover art of Nirvana’s ‘Nevermind’ album, has had his child pornography lawsuit against the band reinstated by a US Court of Appeals.

In September 2022, a US District judge in Los Angeles ruled that the ‘Nevermind’ cover image, which features a naked photograph of four-month-old Elden, did not constitute child pornography.

That was the third time that Elden had attempted to sue the band, the estate of Kurt Cobain, photographer Krik Weddle and numerous record labels.

At that time, the court told Elden that he would not be allowed to file a fourth lawsuit.

Now though, that court has reinstated his lawsuit saying, “each republication of child pornography may constitute a new personal injury, Elden’s complaint alleging republication of the album cover within the ten years preceding his action was not barred by the statute of limitations.”