The antheral featured connected the screen of Nirvana's iconic 1991 stone medium "Nevermind" arsenic a babe has accused the set of intersexual exploitation and violating national kid pornography statutes.
Spencer Elden filed a lawsuit successful New York connected Tuesday against the band, surviving members Dave Grohl, Krist Novoselic and Pat Smear, the property of Kurt Cobain, lensman Erik Weddle and respective euphony catalogs, including Warner Records, MCA Music and Universal Music Group.
In the suit, Elden seeks $150,000 from each suspect for what helium calls "lifelong damages."
The medium screen features Elden, present 30, arsenic an infant, swimming nude successful a excavation with his genitals exposed. The photograph was changeable by Weddle successful 1991, who was friends with Elden's fahter.
According to Variety, Elden's begetter got a telephone from Weddle and asked if helium could instrumentality his son's photograph during a sprout successful speech for $200. Months later, Elden's representation graced the screen of "Nevermind," which would aboriginal certify platinum and merchantability much than 10 cardinal copies.
The suit notes that Elden nor his ineligible guardians ever signed a merchandise granting the usage of his representation oregon likeness earlier the photograph was utilized arsenic the medium cover.
While Variety notes that "non-sexualized nude photos of infants are mostly not considered kid pornography nether law," the suit argues that the photograph was purposefully selected to sexualize Elden.
It argues that the photograph depicted the kid "like a enactment worker," "grabbing for a dollar measure that is positioned dangling from a fishhook successful beforehand of his nude assemblage with his penis explicitly displayed."
Pitchfork notes that Elden has recreated the representation aggregate times passim the years, including as precocious arsenic 2016. He besides has the connection "Nevermind" tattooed connected his chest.
But arsenic he's grown older, Elden has shared conflicting feelings astir the screen successful assorted interviews.
""It's f***** up," Elden told GQ Australia successful 2016. "I'm pissed disconnected astir it, to beryllium honest."