NIRVANA ALBUM PLUS

Lewis said many of the clients he has represented, and who were abused as children, are in their 30s, 40s and 50s. It's harmful to me.' He has done a lot of trauma work over the years and has come to realise that his image, the pornographic nature of it, has seriously impacted his life in ways he didn't understand as a young person.' This makes perfect sense. 'I didn't really have a choice.' As his lawyer put it, 'In his 20s, a number of things became clear to him, and he said: 'Enough of this. 'Recently, I've been thinking, 'What if I wasn't OK with my freaking penis being shown to everybody?'' he told GQ Australia in 2016. As he neared adulthood, however, he became conflicted. In some interviews early on, he expressed pride at being part of such an important cultural touchstone, and he has also posed (clothed) in photos that reproduce the shot on various anniversaries of the album. Over the years, Elden's feelings about the photograph have evolved.

After all, some people get turned on by shoes. Although most adult pornography is protected by the First Amendment, the protections do not apply to child pornography, which is usually judged using six factors called the Dost test, criteria articulated by a California federal court in 1986: Is the focal point of the image the child's genitalia? Is the setting sexually suggestive? Is the child depicted in an unnatural pose or in unnatural attire? Is the child clothed or nude? Does the image depict 'sexual coyness or a willingness to engage in sexual activity'? And is the image intended to elicit a sexual response in the viewer? Lewis says the floating baby photo meets all six criteria he believes the water is 'suggestive of sexual activity', that 'throwing a four-month-old child into the water is unnatural', that the dangling dollar bill 'invokes what happens in strip clubs' and that based on comments made by Cobain, the defendants 'knew there were pedophiles out there who would find this sexually provocative'.

While many people interpret the photo as a critique of capitalism - and I am among them - it is hardly the place of strangers to tell Elden how he should feel. How is the baby's penis offensive? What about artistic license? Why wait 30 years to sue? And why not sue the parents, who, after all, offered up their baby? On reflection, however, it raises important questions about consent and the exploitation of children and babies in any sort of artistic venture, particularly commercial art. At first blush, this lawsuit seems far-fetched. More important, said Lewis, a former federal prosecutor whose law firm has handled child pornography cases for decades, Elden wants his genitals obscured in any future releases of the image, including a rumored reissuing of the album in September to coincide with its 30th anniversary. (None has yet commented publicly on the lawsuit.) 'The money is peanuts compared to what they have made and continue to make on this,' Elden's attorney, Robert Lewis, said.

NIRVANA ALBUM PLUS

He wants at least $150,000 from each of more than a dozen defendants, which include Nirvana LLC Kurt Cobain's estate and his widow, Courtney Love photographer Kirk Weddle cover designer Robert Fisher surviving bandmates Dave Grohl and Krist Novoselic plus a handful of record companies. Last week, he filed a federal lawsuit in Los Angeles, alleging that the image constitutes child sexual abuse, violates federal child pornography laws and has cast a long, traumatic shadow over his life. The floating baby, Spencer Elden, is now a 30-year-old artist. The album, containing the monster hit Smells Like Teen Spirit, has sold at least 30 million copies and is still available - with the striking cover image - anywhere music is sold. Featured on the cover of Nirvana's second album Nevermind, it is one of the more iconic images in rock 'n' roll history. His tiny penis is visible, dangling in the water. The four-month-old appears to be reaching for a $1 bill baited on a fishhook. In the photo, the baby floats below the surface of the aquamarine water, posed like a skydiver, with outstretched arms.

Nirvana album