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Nirvana naked baby album cover lawsuit revived by U.S. court

Lawsuit alleges Spencer Elden has suffered 香蕉视频直播榩ermanent harm香蕉视频直播 from photo taken when he was a baby
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FILE - Nirvana band members Krist Novoselic, from left, Dave Grohl and Kurt Cobain pose after receiving the award for best alternative video for 香蕉视频直播淚n Bloom香蕉视频直播 at the 10th annual MTV Video Music Awards on Sept. 2, 1993, in Universal City, Calif. A federal appeals court has revived a child sexual exploitation lawsuit filed by the man who appeared naked as a 4-month-old infant on the 1991 cover of Nirvana香蕉视频直播檚 album 香蕉视频直播淣evermind.香蕉视频直播 Spencer Elden香蕉视频直播檚 lawsuit against the grunge rock group was dismissed last year but a the court in California revived it on Thursday and sent it back to a lower court. (AP Photo/Mark J. Terrill, File)

A federal appeals court on Thursday revived a child sexual exploitation lawsuit filed by the man who appeared naked as a 4-month-old on the cover of Nirvana香蕉视频直播檚 1991 album 香蕉视频直播淣evermind.香蕉视频直播

Spencer Elden香蕉视频直播檚 lawsuit against the grunge rock group alleges that he has suffered 香蕉视频直播減ermanent harm香蕉视频直播 as the band and others profited from the image of him underwater in a swimming pool, appearing to grab for a dollar bill on a fish hook.

The suit says the image violated federal laws on child sexual abuse material, although no criminal charges were ever sought.

A federal judge in California threw out the lawsuit last year but allowed Elden to file a revised version, which the judge later dismissed on grounds that it was outside the 10-year statute of limitations of one of the laws used as a cause of action.

Thursday香蕉视频直播檚 decision by a three-judge panel of the Ninth U.S. Circuit Court of Appeals in California reversed that ruling and sent the case back to the lower court.

The appellate panel found that each republication of an image 香蕉视频直播渕ay constitute a new personal injury香蕉视频直播 with a new deadline and cited the image香蕉视频直播檚 appearance on a 30th anniversary reissue of 香蕉视频直播淣evermind香蕉视频直播 in 2021.

香蕉视频直播淭he question whether the 香蕉视频直播楴evermind香蕉视频直播 album cover meets the definition of child pornography is not at issue in this appeal,香蕉视频直播 the court wrote, according to the .

In an email to The Associated Press, Nirvana attorney Bert Deixler called the ruling a 香蕉视频直播減rocedural setback.香蕉视频直播

香蕉视频直播淲e will defend this meritless case with vigor and expect to prevail,香蕉视频直播 he wrote.

The Associated Press does not typically name people who say they have been victims of sexual abuse unless they come forward publicly, as Elden has.

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