The updated suit also references journal entries - cited as being from 'Journals', published 2002 by Riverhead Books - allegedly made by Cobain which contain a “sketch the album cover in a sexual manner, with semen all over it". The amended suit though also now alleges, with no additional context, that “Weddle soon after produced photographs of Spencer dressed up and depicted as Hugh Hefner". The amended lawsuit reiterates the original suit’s claim that Nirvana intended to “trigger a visceral sexual response from the viewer” by triggering “Spencer’s ‘gag reflex’ before throwing him underwater and took photos that highlighted and emphasized Spencer’s exposed genitals”. The defendants are listed as Nirvana, the late Kurt Cobain, Dave Grohl, Krist Novoselic, photographer Kirk Weddle, designer Robert Fisher, the labels responsible for the release of ‘Nevermind’ (Universal Music, MCA Records and Geffen Records) and Kurt's widow Courtney Love, executor of Cobain’s estate. Lawyer Robert Lewis, representing Elden, filed an amended on Monday (22.11.21), which maintains the original claims, filed in August, that the defendants “failed to take reasonable steps to protect Spencer and prevent his widespread sexual exploitation and image trafficking”. Now aged 30, Elden has claimed his parents didn't sign a release authorising the the use of his image on the cover, and he has also alleged that the nude image is child pornography. Spencer Elden was four months old when he was shot in a swimming pool reaching out for a dollar bill on a fishing line for the classic 1990 rock record's artwork.
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