The man who was pictured as a baby on the cover of Nirvana’s Nevermind album has reignited his lawsuit against the 90s band after his initial case was dismissed.
Spencer Elden, who claimed the image constituted as child pornography, filed papers on Wednesday, meeting a deadline set by the judge to reinstate his case, according to the BBC.
He claimed that the photograph had caused “permanent emotional distress”.
The iconic 1991 album cover shows Elden, who is now 30, as a young baby naked in a swimming pool.
His case was previously thrown out after failing to respond to a motion to dismiss, filed by Nirvana and their co-defendants last month.
In a newly amended complaint, Elden removed the claim that the image involved sex trafficking of him as a baby, which Nirvana’s lawyers, had deemed “absurd”.
Elden did reinstate the previous allegation that Nirvana “intentionally” marketed an image that constitutes “child pornography” to promote the album “while earning, at a minimum, tens of millions of dollars”.
Elden has also incorporated a statement from Robert Fisher, an art director for the Nevermind cover, which provides an early mock-up of the artwork, using a stock image of a different swimming baby, whose genitalia are not exposed, reported the BBC.
His lawyers argue that this shows a deliberate decision to use a more explicit image.
His legal are demanding damages of at least $150,000 (£109,000) from each of the defendants, who include band members Dave Grohl and Krist Novoselic; the managers of late frontman Kurt Cobain’s estate; Cobain’s former wife Courtney Love; record labels Geffen and Universal Music; and photographer Kirk Weddle.
The defendants have argued that, until recently, Elden seemed to enjoy the notoriety of being the “Nirvana baby”, and even re-enacted the image on occasion.
In their view, this undermines the validity of the case.
Defendants have until 27 January to reply to Elden’s new complaint.