LOS ANGELES (AP) — A federal appeals court Thursday revived a child sex abuse lawsuit filed by a man who appeared naked as a 4-month-old baby on the cover of Nirvana's 1991 album "Nevermind."
Spencer Alden's lawsuit against the grunge rock group alleges that he suffered "permanent harm" because the band and others profited from his image of grabbing a dollar bill on a fish hook underwater in a swimming pool .
The lawsuit stated that the image violated federal laws on child sexual abuse material, although no criminal charges were ever filed.
A federal judge in California dismissed the lawsuit last year but allowed Alden to file an amended version, which the judge later rejected on the grounds that it violated one of the laws used as a cause of action. Was outside the 10 year limits.
Thursday's ruling by a three-judge panel of the Ninth U.S. Circuit Court of Appeals in California reversed that decision and sent the case back to a lower court.
The appellate panel found that each republication of an image with a new time frame "may give rise to a new personal injury" and cited the image's appearance on the 30th anniversary of "Nevermind" in 2021.
"The question whether the 'Nevermind' album cover meets the definition of child pornography is not at issue in this appeal," the court wrote. new York Times.
An attorney for the Nirvana members did not immediately respond to an email seeking comment Thursday evening. However, attorney Bert Dexler issued a statement Board The magazine described the decision as a "procedural setback".
"We will vigorously defend this frivolous case and hope to prevail," he said.
The Associated Press does not typically name people who say they have been victims of sexual abuse unless they have repeatedly come forward publicly, as Alden has.
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