Nirvana’s 1991 album Nevermind has one of the most famous covers of all time – but now the man who was featured on it as a baby is suing the group.
Spencer Elden, who was pictured naked while swimming underwater towards a dollar bill, says the image constitutes child pornography.
The album artwork is seen by many as the band making a statement on capitalism, and non-sexualised nude images of babies are normally not considered pornography under US law.
Image: Kurt Cobain headed up Nirvana, who shot to fame in the early 1990s. Pic: AP
Elden, 30, has recreated the image several times, including for Nevermind’s 10th, 17th, 20th and 25th anniversaries, and also has the album title tattooed on his chest.
However, he has said in interviews over the years that he has mixed feelings about the picture.
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Now, his lawyer Robert Y Lewis says the depiction of the baby reaching for the dollar bill makes Elden look “like a sex worker”.
The lawsuit also alleges that the band failed to uphold a promise to cover his exposed genitals with a sticker.
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“[His] true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor which has been distributed and sold worldwide from the time he was a baby to the present day,” it states.
The lawsuit, which has been seen by Variety, adds: “Defendants intentionally commercially marketed Spencer’s child pornography and leveraged the shocking nature of his image to promote themselves and their music at his expense.
“Defendants used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention…”
Elden’s parents were given $200 (£146) on the day of the photoshoot – which has generally been seen as them consenting to use of the image.
But the lawsuit states: “Neither Spencer nor his legal guardians ever signed a release authorizing the use of any images of Spencer or of his likeness, and certainly not of commercial child pornography depicting him.”
Elden is seeking $150,000 (£109,000) in damages from surviving band members Dave Grohl and Krist Novoselic, as well as from Courtney Love, photographer Kirk Weddle, and a raft of managers and record companies.
Chad Channing, who was replaced as drummer before Nevermind was made, is also listed as a defendant, despite having nothing to do with the project.
Representatives for the defendants have yet to respond to the allegations.
Nevermind was one of the biggest selling albums of the 1990s and features hits such as Smells Like Teen Spirit, Lithium and Come As You Are.
Along with releases by the likes of Pearl Jam, it defined the grunge genre and is widely considered an all-time rock classic.
Jessica Chastain has criticised Apple’s decision to delay the release of political thriller series The Savant after the killing of Charlie Kirk.
The actress, who is also executive producer of the show for the tech giant’s TV+ streaming service, said she was “not aligned on the decision to pause the release”.
In a post on Instagram, she said the programme, in which she plays a woman who tries to draw out potential terrorists online, is “so relevant” and she has never “shied away from difficult subjects”.
Chastain portrays a military veteran who works at the Anti-Hate Alliance, where she secretly visits 4Chan-like message boards and poses as a white nationalist to identify possible terrorists.
“‘The Savant’ is about the heroes who work every day to stop violence before it happens, and honouring their courage feels more urgent than ever,” Chastain said.
“I remain hopeful the show will reach audiences soon. Until then, I’m wishing safety and strength for everyone.”
Apple said it chose to postpone the show after “careful consideration” but did not give a reason why.
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Meanwhile, millions of people tuned in to watch Jimmy Kimmel on Tuesday after he returned to TV after Disney suspended him for nearly a week after he made comments about Kirk.
Image: Jimmy Kimmel hosting his late night show. Pic: AP
ABC said 6.26 million people watched Kimmel as he said it was “never my intention to make light of” Kirk’s death. It was the late-night show’s highest-rated regularly scheduled episode.
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Kimmel returns – and not everyone’s on same page
“I don’t think there’s anything funny about it,” he said as he choked up.
“Nor was it my intention to blame any specific group for the actions of what was obviously a deeply disturbed individual. That was really the opposite of the point I was trying to make”.
Kimmel had been accused of being “offensive and insensitive” after using his programme, Jimmy Kimmel Live, to accuse Donald Trump and his allies of capitalising on the killing.
Acclaimed Italian actress Claudia Cardinale, who starred in The Pink Panther and Once Upon A Time In The West, has died aged 87, according to French media reports.
The actress, who starred in more than 100 films and made-for-TV productions, died in Nemours, France, surrounded by her children, her agent told the AFP news agency.
At the age of 17 she won a beauty contest in Tunisia, where she was born to Sicilian parents, and was rewarded with a trip to the Venice Film Festival, kick-starting her acting career.
She had expected to become a schoolteacher before she entered the beauty contest.
Image: Claudia Cardinale at the Prix Lumieres awards ceremony in Paris in January 2013. Pic: AP
Cardinale gained international fame in 1963 when she starred in both Federico Fellini’s 8-1/2 and The Leopard.
She went on to star in the comedy The Pink Panther and Sergio Leone’s Once Upon A Time In The West in 1968.
She considered 1966’s The Professionals as the best of her Hollywood films.
When she was awarded a lifetime achievement at the Berlin Film Festival in 2002, she said acting had been a great career.
“I’ve lived more than 150 lives, prostitute, saint, romantic, every kind of woman, and that is marvellous to have this opportunity to change yourself,” she said.
“I’ve worked with the most important directors. They gave me everything.”
Cardinale was named a goodwill ambassador for the UN Educational, Scientific and Cultural Organisation for the defence of women’s rights in 2000.
Bannister was initially jailed for four months in September last year – and handed a three-year restraining order.
But he breached it by turning up at Tweedy’s home in December.
In March, he was jailed for 16 weeks at Wycombe Magistrates’ Court for repeatedly going to Tweedy’s Buckinghamshire home while under the restraining order.
During that appearance, the court heard that Tweedy “immediately panicked” and was “terrified” when she saw him outside her home, fearing for the safety of her eight-year-old son Bear.
Bannister killed Rajendra Patel, 48, at a south London YMCA shelter in 2012 and pleaded guilty to manslaughter.
Mr Patel died from an injury to his leg, a court heard.
Tweedy’s former partner Liam Payne died last year in Buenos Aires, Argentina, after falling from his third-floor hotel balcony.