Baby On Nirvana’s “Nevermind” Cover Amends His Lawsuit Against The Band

As previously reported, Spencer Elden, the man who appeared on the cover art for Nirvana’s “Nevermind” as a baby, recently filed a lawsuit against the surviving members of the band, the estate of the late Kurt Cobain, photographer Kirk Weddle, etc. due to child sexual exploitation and violations of federal child pornography statutes. Now, Rolling Stone are reporting that the suit has been amended.

The amended suit, which no longer lists ex-drummer Chad Channing, Warner Music, Heather Parry, Guy Oseary as defendants, still alleges that the photo was meant to “trigger a visceral sexual response from the viewer.” It went on to say that Weddle also took other photos of Spencer, including ones which found him dressed as late Playboy founder Hugh Hefner. Some of Cobain‘s personal journals have since been cited as well:

“Undated journals written by Cobain sketch the album cover in a sexual manner, with semen all over it. In several instances, the journals describe Cobain’s twisted vision for the Nevermind album cover, along with his emotional struggles: ‘I like to make incisions into the belly of infants then fuck the incision until the child dies.’”

Elden is still claiming that the photo has caused “extreme and permanent emotional distress” and that his guardians never authorized its use. He is currently seeking at least $150,000 from each defendant.

This news comes after Elden‘s lawyer Maggie Mabie demanded to have Universal remove his genitalia from all future releases of the album. However, the 30th anniversary edition of the record was still released with the cover intact.

Judge Dismisses Copyright Suit Against Nirvana Over Dante’s “Inferno” Illustration

As previously reported, Jocelyn Susan Bundy, the granddaughter of artist C.W. Scott-Giles, recently filed a lawsuit against Nirvana after an illustration that her grandfather created for a translation of Dante’s “Inferno” was used on various pieces of merchandise. Now, according to Reuters, the complaint has officially been dismissed. U.S. District Judge Dale Fischer made the decision, saying that it would make more sense to take the case to the United Kingdom. However, he went on to say that the dismissal is contingent on Nirvana agreeing to U.K. jurisdiction if Bundy files a suit there.

Comments Off on Judge Dismisses Copyright Suit Against Nirvana Over Dante’s “Inferno” Illustration Posted in News, Nirvana Tagged , ,

Founding Queensrÿche Drummer Scott Rockenfield Files Lawsuit Against Guitarist Michael Wilton & Bassist Eddie Jackson

Founding Queensrÿche drummer Scott Rockenfield has filed a lawsuit against guitarist Michael Wilton and bassist Eddie Jackson for breach of contract, breach of fiduciary duty, wrongful discharge and more. Wilton and Jackson’s wives and several business entities related to the band were also named in the suit.

The lawsuit was obtained by Blabbermouth, who shared the following summary of it:

“In the complaint, which has been obtained by BLABBERMOUTH.NET, Rockenfield claims that he took paternal leave of absence from QUEENSRŸCHE in February 2017 after his fiancée experienced complications during the birth of their son and had to have an emergency Cesarean delivery. According to the drummer, his leave of absence was approved by the members of QUEENSRŸCHE and he was to retain an equal one-third interest in all QUEENSRŸCHE companies (QR Companies), including Tri-Ryche Corporation, Melodisc LTD., Queensryche Merchandising, Inc., EMS Music, LLC and Queensryche Holdings, LLC.

In Scott’s complaint, he claims that “Rockenfield, Wilton and Jackson are the remaining members of the band QUEENSRŸCHE, as well as the sole or majority shareholders and members of the entities controlling the intellectual property and contractual rights of said group, to wit the QR Companies.”

Scott alleges that or about October 11, 2018, Wilton and Jackson purportedly “voted to dismiss Rockenfield from the QR Companies due in whole or in part to his taking of approved family leave. Rockenfield was informed of his purported dismissal from the QR Companies in a letter dated November 3, 2018.”

According to Rockenfield’s complaint, since 2017, Wilton and Jackson “have wrongfully withheld from Rockenfield all sources of income from the QR Companies in violation of the various Operating Agreements and Contracts governing the QR Companies for no lawful purpose.” In addition, they “have failed to provide Rockenfield with an accounting of the books, records, business and contracts of the QR Companies.”

Although Rockfenfield says he has continued to receive royalties from Tri-Ryche since February 2017 for the old catalogue, he claims he has “received no payments from Melodisc since February 2017, and no payments from Queensryche Merchandising since early 2018, and no payments from EMS since February 2017.”

Rockfenfield also claims that Wilton and Jackson did not include him in the recording QUEENSRŸCHE’s latest album, “The Verdict”, “despite his availability and willingness to participate.”

During all of 2017 and 2018, Rockenfield claims, he “remained active in all aspects of the QR Companies’ business, song writing, licensing options, and communications with the exception of touring.

“During his family medical leave, Rockenfield was in constant and continued communication with the band, participated in writing songs, and prepared for the band’s recording schedule that was set to begin in early 2018,” the complaint reads.

“In October 2018, Rockenfield participated in negotiating a new extension of QUEENSRŸCHE’s 2013 recording contract with Century Media, which would add two (2) additional albums to the recording contract, and continued to work to secure seven very lucrative licensing offers on behalf of QUEENSRŸCHE,” according to the lawsuit.

Rockenfield claims to be “owed compensation for lost wages and profits as, as well as an amount equal to the present fair market value of his equity interest in the QR Companies as of his wrongful dismissal, plus interest thereon.””

Interestingly, a source also told Metal Sludge that the band were planning to do a classic lineup reunion with ex-singer Geoff Tate and ex-guitarist Chris DeGarmo. However, the lawsuit has put those plans on hold.

[via Blabbermouth]

Judge Allows Esmé Bianco’s Rape & Abuse Lawsuit Against Marilyn Manson To Proceed

According to Deadline, a U.S. District Court Judge has ruled that the lawsuit filed against Marilyn Manson (aka Brian Warner) by actress Esmé Bianco will be allowed to proceed. As previously reported, Bianco filed the suit after accusing the singer of sexual assault and human trafficking.

Manson’s lawyer Howard E. King previously tried to get the lawsuit dismissed due to the case exceeding California’s statute of limitations. He also claimed that the allegations are “untrue, meritless, and a key component of a coordinated attack” by “co-conspirators.” However, the judge has since ruled that “a reasonable jury could find that the effects of Warner’s alleged unconscionable acts, including the perceived threat to Plaintiff’s safety, immigration status, and career, persisted years after her last contact with Warner.” Manson will now have 14 days to file a formal answer to each of the lawsuit’s claims. It’s also worth noting that the shock rocker’s former manager Tony Ciulla was originally named as a defendant, but has since been dropped. Bianco commented:

“My hope is that this ruling empowers other survivors to pursue justice for themselves while signaling to abusers that they cannot bully victims into silence.”

As previously reported, Manson is currently facing abuse allegations from at least 16 women. Those accusations were initially spurred by actress Evan Rachel Wood, who said that the musician “horrifically abused [her] for years.” Since then many more women have come forward with allegations against the singer, including Bianco, actress Bianca Allaine, who described him as the “most terrifying person [she has] ever met in [her] life,” actress/model Ashley Morgan Smithline, who filed a lawsuit after being sexually assaulted and abused multiple times, his former assistant Ashley Walters, who filed a lawsuit against him for sexual assault, sexual battery, sexual harassment, intentional infliction of emotional distress, etc., and another woman, identified as “Jane Doe,” who filed a lawsuit after accusing him of rape and death threats.

Wood has since shared more details regarding her time with Manson as well, including his alleged use of anti-Semitic and racial slurs. She has also claimed that his current wife Lindsay Usich and a woman named Leslee Lane threatened to release underage photos of her to destroy her career.

After all of this news broke, the Los Angeles County Sherriff’s Department confirmed that they were investigating Manson. Allaine also mentioned that she was planning to speak to the FBI.

Since Wood made her initial statement, Manson has been dropped by his manager Tony Ciulla, his label Loma Vista Recordings, his talent agency CAA, and a couple of TV shows. Others that worked with Manson have also come forward, including his former assistant Dan Cleary, who said he witnessed the musician abusing Usich.

Two of his other exes, Rose McGowan and Dita Von Teese, have both commented as well. Von Teese’s statement was the most recent and she said that the “details made public do not match [her] personal experience” with the singer, while also adding that “abuse of any kind has no place in any relationship.”

A number of other musicians have also issued statements including Ellie Roswell (Wolf Alice), who said she once caught Manson “filming up [her] skirt with a GoPro,” Phoebe Bridgers, who said Manson previously “referred to a room in his house as the ‘r*pe room’,” Otep, who said Usich would call her house “hysterical because he was on another drug binge, threatening her life,” Trent Reznor (Nine Inch Nails), who said that he has “been vocal over the years about [his] dislike of Manson as a person,” and Wes Borland (Limp Bizkit), who said that “every single thing that people have said about him is fucking true.” Actor Corey Feldman also claimed that Manson put “spies” into his life as part of a “decades long mental and emotional abuse” campaign.

For his part, Manson claimed that the accusations “are horrible distortions of reality.”

Aside from the above mentioned abuse allegations, Manson is also dealing with a misdemeanor simple assault case stemming from an August 18, 2019 incident in which he allegedly spit on a videographer at the Bank of New Hampshire Pavilion in Gilford, NH.

Metallica’s Lawsuit Against Insurer Over Cancelled 2020 South American Tour Allowed To Move Forward

As previously reported, Metallica filed a lawsuit against insurer Lloyd’s Of London in June after the company allegedly refused to cover losses they suffered after their South American tour was cancelled due to the pandemic. Now, according to Business Insurance, a Los Angeles Superior Court has decided not to dismiss the case during the preliminary stage of litigation since a “proximate cause” has not been established as to what caused the losses.

Metallica made the complaint after their “cancellation, abandonment and non-appearance insurance” policy was denied due to a policy that excludes communicable diseases. The group said that the decision was “an unreasonably restrictive interpretation of the policy” and that the company had breached their contract.

The band also argued that Lloyd’s “cannot conclusively say that the Pandemic is the efficient proximate cause of the cancellations because there are other adequately alleged causes that are covered under the Policy.” This includes “travel restrictions, the duty to mitigate damages, the need to ‘flatten the curve’ and stay-at-home orders.”

After the group initially filed the lawsuit, a representative from Lloyd’s issued the following statement:

“Lloyd’s is not an insurance company, it oversees and regulates a market of independent insurers. For that reason, we have no information on any specific policy or lawsuit and in any event are not authorized to comment on matters in litigation.”

For their part, Metallica acknowledged that Lloyd’s is “a market in which independent insurance underwriters join together syndicates to sell insurance, mainly through brokers, under the umbrella of the Lloyd’s brand name.” The band are currently seeking unspecified damages and a declaration of the rights and obligations of the parties.

[via Blabbermouth]

Woman Files Amended Rape & Death Threat Lawsuit Against Marilyn Manson Following Recent Dismissal

As previously reported, Judge Gregory Keosian recently dismissed a rape and death threat lawsuit that was filed against Marilyn Manson by a woman identified as “Jane Doe.” The woman was seeking legal action after repressed memories of the alleged rape resurfaced, but the judge said that the “delayed discovery” was not sufficient enough to bypass the statute of limitations. She was given 20 days to file a more detailed complaint and she has since done so.

The amended documents were obtained by SPIN, who shared the below summary of them:

“In the amended complaint viewed by SPIN, Doe details Manson’s alleged sexual assault and abuse, claiming that Manson told her that he would ‘bash her head in’ if she reported him to the police. Doe also outlines why her complaint should qualify for the delayed discovery within the statute of limitations, including how Mason reportedly raped and abused her. She claims Manson would force her ‘to have sex with him, and to be on top of him during sex. She would pray for Warner to pass out during intercourse. When this happened, Plaintiff would try to slip away and get some sleep, but the moment she moved, Warner would wake up and demand to resume the sexual activity.’

Doe states that Manson told her ‘about his relationship with Evan Rachel Wood and that he had wanted to kill her. He told Plaintiff about a time he had tied Ms. Wood to a chair and pointed a gun at her. He said he considered killing Ms. Wood, but then decided to be merciful.’ She also alleges that in 2011, she ‘cannot be certain of the exact moment that she repressed the memories of the forced oral and vaginal rape, but knows that it was sometime in the hours or at most very few days after the vaginal rape.’

The lawsuit also claims that Manson ‘put a condom on the penis of bandmate Twiggy Ramirez (Jeordie White) and performed oral sex on him.'”

As previously reported, Manson is currently facing abuse allegations from at least 16 women. Those accusations were initially spurred by actress Evan Rachel Wood, who said that the musician “horrifically abused [her] for years.” Since then more women have come forward with allegations against the singer, including actress Esmé Bianco, who filed a lawsuit after accusing him of abuse and human trafficking, actress Bianca Allaine, who described him as the “most terrifying person [she has] ever met in [her] life,” actress/model Ashley Morgan Smithline, who said she was sexually assaulted and abused multiple times, and his former assistant Ashley Walters, who filed a lawsuit against him for sexual assault, sexual battery, sexual harassment, intentional infliction of emotional distress, etc.

Wood has since shared more details regarding her time with Manson as well, including his alleged use of anti-Semitic and racial slurs. She has also claimed that his current wife Lindsay Usich and a woman named Leslee Lane threatened to release underage photos of her to destroy her career.

After all of this news broke, the Los Angeles County Sherriff’s Department confirmed that they were investigating Manson. Allaine also mentioned that she was planning to speak to the FBI.

Since Wood made her initial statement, Manson has been dropped by his manager Tony Ciulla, his label Loma Vista Recordings, his talent agency CAA, and a couple of TV shows. Others that worked with Manson have also come forward, including his former assistant Dan Cleary, who said he witnessed the musician abusing Usich.

Two of his other exes, Rose McGowan and Dita Von Teese, have both commented as well. Von Teese’s statement was the most recent and she said that the “details made public do not match [her] personal experience” with the singer, while also adding that “abuse of any kind has no place in any relationship.”

A number of other musicians have also issued statements including Ellie Roswell (Wolf Alice), who said she once caught Manson “filming up [her] skirt with a GoPro,” Phoebe Bridgers, who said Manson previously “referred to a room in his house as the ‘r*pe room’,” Otep, who said Usich would call her house “hysterical because he was on another drug binge, threatening her life,” Trent Reznor (Nine Inch Nails), who said that he has “been vocal over the years about [his] dislike of Manson as a person,” and Wes Borland (Limp Bizkit), who said that “every single thing that people have said about him is fucking true.” Actor Corey Feldman also claimed that Manson put “spies” into his life as part of a “decades long mental and emotional abuse” campaign.

For his part, Manson claimed that the accusations “are horrible distortions of reality.”

Aside from the above mentioned abuse allegations, Manson is also dealing with a misdemeanor simple assault case stemming from an August 18, 2019 incident in which he allegedly spit on a videographer at the Bank of New Hampshire Pavilion in Gilford, NH.

Judge Dismisses One Of The Sexual Assault Lawsuits Filed Against Marilyn Manson

According to Rolling Stone, Judge Gregory Keosian has dismissed a rape and death threat lawsuit that was filed against Marilyn Manson by a woman identified as “Jane Doe.” The woman was seeking legal action after repressed memories of the alleged rape resurfaced. However, the judge said that the “delayed discovery” was not sufficient enough to bypass the statute of limitations. Despite this, the woman still has 20 days to file a more detailed complaint.

The woman’s legal team said the following:

“Marilyn Manson wants to silence our client about her rape. He tried to use technical legal arguments to get her case thrown out altogether. The judge thoughtfully analyzed the case law, and rightfully held that her case can go forward, so long as she amends her complaint to add some additional details. We intend to amend with those additional details very shortly, and look forward to the opportunity to make Manson answer for his actions.”

As previously reported, Manson is currently facing abuse allegations from at least 16 women. Those accusations were initially spurred by actress Evan Rachel Wood, who said that the musician “horrifically abused [her] for years.” Since then more women have come forward with allegations against the singer, including actress Esmé Bianco, who filed a lawsuit after accusing him of abuse and human trafficking, actress Bianca Allaine, who described him as the “most terrifying person [she has] ever met in [her] life,” actress/model Ashley Morgan Smithline, who said she was sexually assaulted and abused multiple times, and his former assistant Ashley Walters, who filed a lawsuit against him for sexual assault, sexual battery, sexual harassment, intentional infliction of emotional distress, etc.

Wood has since shared more details regarding her time with Manson as well, including his alleged use of anti-Semitic and racial slurs. She has also claimed that his current wife Lindsay Usich and a woman named Leslee Lane threatened to release underage photos of her to destroy her career.

After all of this news broke, the Los Angeles County Sherriff’s Department confirmed that they were investigating Manson. Allaine also mentioned that she was planning to speak to the FBI.

Since Wood made her initial statement, Manson has been dropped by his manager Tony Ciulla, his label Loma Vista Recordings, his talent agency CAA, and a couple of TV shows. Others that worked with Manson have also come forward, including his former assistant Dan Cleary, who said he witnessed the musician abusing Usich.

Two of his other exes, Rose McGowan and Dita Von Teese, have both commented as well. Von Teese’s statement was the most recent and she said that the “details made public do not match [her] personal experience” with the singer, while also adding that “abuse of any kind has no place in any relationship.”

A number of other musicians have also issued statements including Ellie Roswell (Wolf Alice), who said she once caught Manson “filming up [her] skirt with a GoPro,” Phoebe Bridgers, who said Manson previously “referred to a room in his house as the ‘r*pe room’,” Otep, who said Usich would call her house “hysterical because he was on another drug binge, threatening her life,” Trent Reznor (Nine Inch Nails), who said that he has “been vocal over the years about [his] dislike of Manson as a person,” and Wes Borland (Limp Bizkit), who said that “every single thing that people have said about him is fucking true.” Actor Corey Feldman also claimed that Manson put “spies” into his life as part of a “decades long mental and emotional abuse” campaign.

For his part, Manson claimed that the accusations “are horrible distortions of reality.”

Aside from the above mentioned abuse allegations, Manson is also dealing with a misdemeanor simple assault case stemming from an August 18, 2019 incident in which he allegedly spit on a videographer at the Bank of New Hampshire Pavilion in Gilford, NH.

Nickelback Fire Back At Texas Singer Over “Rockstar” Copyright Infringement Lawsuit

As previously reported, a singer from Texas named Kirk Johnston recently filed a lawsuit against Nickelback, Roadrunner Records, Warner Chappell Music, Inc. and Live Nation Entertainment, Inc. after claiming that the band’s song “Rockstar” was a rip off of his song “Rock Star,” which he wrote for Snowblind Revival in 2001. Now, Nickelback have officially commented on the allegations.

The band said that “the two songs sound nothing alike,” while also adding

“Johnston failed to identify any specific lyrical similarities between the works at issue; he could only conceivably point to the titles of the two works and ‘lyrical themes’. Titles are not protectable by copyright, and their similarity cannot give rise to an infringement claim. Nor does copyright protect the commonplace lyrical theme of imagining being a rock star.”

“As for the music, it is evident to an ordinary observer that the sound recording of [Johnston’s song] has a steady, driving guitar beat, whereas [NICKELBACK’s ‘Rockstar’] does not and is obviously slower. The two songs are not in the same key; [Johnston’s song] is in a major key, whereas [NICKELBACK’s ‘Rockstar’] is in both major and minor keys. Further, the styles of the two works are different. Even [Johnston] acknowledges that his band SNOWBLIND REVIVAL and NICKELBACK play different genres of music: ‘Unlike NICKELBACK’s hard rock sound, SNOWBLIND REVIVAL would be considered an alternative rock band with more indie/eclectic roots.’ And most importantly, the melodies of [Johnston’s song] and [NICKELBACK’s ‘Rockstar’] sound nothing alike.”

The group went on to say that Johnston “provides no details” regarding “the names of the record label representatives with whom he allegedly met, where the meetings took place, or even when the meetings took place.” They continued:

“[Johnston] has failed to allege any means by which [his song] could have ended up in the hands of the individual members of NICKELBACK who composed ‘Rockstar’. None of these allegations describe a chain of events that links [Johnston’s song] to the creation of [NICKELBACK’s ‘Rockstar’].”

Johnston previously claimed that master recordings of Snowblind Revival’s “Rock Star” and three other songs were sent to various record labels, including Universal Music Group and Warner Music Group, of which Roadrunner Records, Inc. and Warner Chappell Music, Inc. are wholly owned indirect subsidiaries. He also said that he believes these labels gave Nickelback access to his track and that they plagiarized it.

He went on to say that “a substantial amount of the music in [Nickelback’s] ‘Rockstar’ is copied from [his] original composition ‘Rock Star’,” including “the tempo, song form, melodic structure, harmonic structures, and lyrical themes.” He is now seeking damages for copyright infringement and an injunction against further infringement.

Due to the evidence that was provided, Magistrate Judge Susan Hightower submitted a recommendation to Judge Robert Pitman of the U.S. District Court for the Western District of Texas saying that Nickelback should face a copyright suit. She also added that the complaints against Live Nation should be dismissed.

After listening to both songs, Hightower also said that it’s possible for a juror to see that the two pieces share protectable elements. However, it is still unclear if Johnston will be able to come up with enough evidence to prove that similarities are “substantial” or “striking,” considering Nickelback’s level of access.

[via Blabbermouth]

Better Noise Music File Lawsuit Against Former Bad Wolves Singer Tommy Vext Over Copyright Infringement

Better Noise Music have filed a lawsuit against ex-Bad Wolves singer Tommy Vext due to copyright infringement. The suit, which also names Five Nineteen Music Publishing Inc. and 10th Street Entertainment as plaintiffs, was filed after the frontman allegedly posted unreleased music videos and recordings without permission.

The plaintiffs claim that Vext engaged in copyright infringement when he began posting unapproved cover songs on Bad Wolves’ Patreon account. They went on to say that he has since continued to post unauthorized content on Instagram and OnlyFans. The following was also said in the complaint [via law360.com]:

“Motivated by greed and his oversized ego, Vext claimed that he owns Bad Wolves and has a right to block the remaining members from recording and releasing music under the name Bad Wolves.”

The following was also added about Vext‘s decision to tour under the moniker “TOMMY VEXT AND THE B@D W8LV3S

“Vext‘s retaliatory conduct is getting worse by the day. Now, he is promoting his own ‘tour’ using the confusingly similar name ‘B@D W8LV3S’ in a blatant attempt to confuse concertgoers into thinking this is an approved tour.”

Furthermore, the plaintiffs say that Vext also violated a written agreement he signed in 2017 through his actions and behavior. That agreement also allegedly gives them rights to the Bad Wolves trademark.

Vext‘s attorney Malcolm S. McNeil has since responded:

“From the timing of the complaint, it is clear that the New York action is intended to deflect from the allegations in the LASC complaint. Our complaint was filed weeks ago and this was the response. Tommy was retaliated against by [Better Noise CEO and band manager Allen Kovac] and his entities, for his political views. It is our view that Mr. Kovac breached his duties and responsibilities to Tommy as his manager.”

As alluded to above, this news comes after Vext filed a lawsuit against Kovac after he allegedly wanted to remove him from Bad Wolves due to his right-wing and conspiracy theory beliefs. Vext also claimed that Kovac tried to purchase the Bad Wolves trademarks from him and that he tried to get radio and streaming services to stop playing the group’s songs in an effort to cancel his music career. He also accused Kovac of using racial slurs. For his part, Kovac denied the allegations saying that “Vext, a self-proclaimed QAnon supporter, has dragged us into a ridiculous, unfounded narrative that falsely paints him as a victim.”

[via The PRP]

Baby On Nirvana’s “Nevermind” Album Cover Sues The Band For “Child Pornography”

Spencer Elden, the man who appeared on the cover of Nirvana’s “Nevermind” as a baby, has filed a lawsuit against the surviving members of the band and the estate of the late Kurt Cobain. Elden says the naked photo on the record is child sexual exploitation and that it violates federal child pornography statutes. Photographer Kirk Weddle, DGC Records, and more were also named in that suit

Elden claims that his “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.” The suit also added:

“[The defendants] knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so. … Despite this knowledge, defendants failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking.”

Elden also says that his parents never signed a release form to authorize the use of the photo. He also added that the band promised to cover his genitals with a sticker, but they never followed through. The complaint continued:

“To ensure the album cover would trigger a visceral sexual response from the viewer, Weddle activated Spencer’s ‘gag reflex’ before throwing him underwater in poses highlighting and emphasizing Spencer’s exposed genitals.”

It also added:

“[The defendants] used child pornography depicting Spencer as an essential element of a record promotion scheme commonly utilized in the music industry to get attention, wherein album covers posed children in a sexually provocative manner to gain notoriety, drive sales, and garner media attention, and critical reviews.”

Elden is currently seeking damages of $150,000 from each defendant. He is also demanding a trial by jury. The suit goes on to say:

“The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter.”

The photos of Elden were taken at a Pasadena aquatic center in 1990 and his parents were reportedly paid $200 for the images. In 2016, he recreated the cover for the album’s 25th anniversary. He told The New York Post the following about that:

“The anniversary means something to me. It’s strange that I did this for five minutes when I was 4 months old and it became this really iconic image. It’s cool but weird to be part of something so important that I don’t even remember.”

He also added the following in a separate interview with Time magazine:

“It’s a trip. Everyone involved in the album has tons and tons of money. I feel like I’m the last little bit of grunge rock. I’m living in my mom’s house and driving a Honda Civic.

It’s hard not to get upset when you hear how much money was involved. I go to a baseball game and think about it: ‘Man, everybody at this baseball game has probably seen my little baby penis,’ I feel like I got part of my human rights revoked.”

[via Blabbermouth]