ALBUM REVIEW: Out of Love – So Far, So Good


Less than one minute into the opening track ‘S.L.U.M.P.’, we are cast back to the heady days of the late nineties. Brit Rock is still around, though making way to a new breed of cats as the melodic punk of the US is becoming a strong bed-fellow with the slightly quirkier variant from the other side of the Atlantic, and bands like Ash, the multiple off-shoots from The Wildhearts, and more are spawning and bursting out and creating a scene. It was a fertile time of fun and creativity as the last vestiges of cardigans and sixth-form grunge cottoned onto the fun and febrile feel of a Cool Britannia.

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Nirvana’s “Something In The Way” is Featured in “The Batman” Movie


The new Batman movie The Batman has been released this weekend to much acclaim and crowds back at movie theaters. As teased in multiple trailers, Nirvana’s deep cut “Something In The Way” is prominently featured throughout the film. Released by Warner Bros/Legendary Pictures, and based on the Batman Year One and The Long Halloween, story by Frank Miller, the trailer features some of Batman’s rogues gallery of villans. The song was the final track on Nirvana’s breakout 1991 album Nevermind (Geffen Records) which just turned 30 years-old in 2021. The Batman was directed by Matt Reeves’ (War For The Planet of The Apes), with a script by Terence Winter (Boardwalk Empire) and stars Robert Pattinson as The Dark Knight, Jeffrey Wright Commissioner Gordon, Zoe Kravitz as Catwoman, Paul Dano as The Riddler, Colin Farrell as The Penguin, John Turturro as Carmine Falcone; Andy Serkis as Bruce Wayne’s trusted butler, Alfred, and Peter Sarsgaard as Gotham District Attorney Gil Colson. Continue reading


Nirvana’s Lawyers File a Motion to Dismiss “Nevermind” Baby Lawsuit


As previously reported, Spencer Elden, who as a baby was featured on the album artwork of Nirvana’s classic album Nevermind (Geffen) is suing the surviving members of the band and the estate of late frontman Kurt Cobain for Child Pornography charges and restituition. Now lawyers for Nirvana, Universal Music Group (UMG) and others named in the suit have filed a motion to dismiss the case, based on being “barred by the applicable statute of limitations.” This is following an mediation for settlement on December 13th and that apparently stalled. Accordign to Digital Music News, both sides were trying to settle.

“Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,’” the firmly worded text proceeds. “He has reenacted the photograph in exchange for a fee, many times; he has had the album title ‘Nevermind’ tattooed across his chest; he has appeared on a talk show wearing a self-parodying, nude-colored onesie; he has autographed copies of the album cover for sale on eBay; and he has used the connection to try to pick up women.”

 

After that, the 22-page-long filing elaborates that the child-pornography claim “has a ten-year limitations period and cannot reach an injury that Elden knew about before 2011.” And as “the statute of limitations for Section 2255 is expressly tied to the plaintiff’s knowledge of his or her victimization,” 30-year-old Elden’s action is barred, per the Nirvana defendants.

 

On the sex-trafficking front, in addition to the aforementioned statute of limitations argument, UMG and the other defendants state that the corresponding statute went into effect in 2003, and it contains “no retroactive application to conduct by a defendant that pre-dates its effective date.”

 

“As the law precludes Elden from advancing a private cause of action for sex trafficking under a statute that did not exist at the time of the alleged trafficking,” the text states, “he has no ability to pursue this claim—full stop.”

 

Lastly, following detailed examples (including interviews) that aim to demonstrate Elden’s longtime knowledge of the album cover, the filing for good measure takes aim at potential “violations of the child pornography statute that occurred on or after August 24, 2011, e.g., a mailing of a copy of the ‘Nevermind’ album after 2011” – though Elden “has not yet” made such an argument.

 

“Elden has alleged no facts, at all, about any barriers outside his control which prevented him from asserting a timely claim, and cannot plausibly allege any such facts to warrant tolling of the statute from 1995 to the time of filing, even if he were given leave to amend,” the defendants reiterate at the motion’s end. “Elden’s failure to timely pursue a sex trafficking claim within the limitations period bars it now, to the extent that it is not already dead on arrival.”

The complaint filed in Los Angeles federal court, since amended, which also names photographer Kirk Weddle and the various record companies behind the album’s release, 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.”

 

According to the suit, 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 claims that his parents never signed a release authorizing the use of the photos, which were taken in a Pasadena aquatic center in 1990. He alleges that the band promised to cover his genitals with a sticker, which was never incorporated into the album art.

 

“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,” the complaint states.

 

The suit further alleges 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 seeking damages of either $150,000 from each of the 17 defendants or unspecified damages to be determined at trial, attorney fees, an injunction to prohibit all parties “from continuing to engage in the unlawful acts and practices described herein,” and a trial by jury.

 

“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 lawsuit states.

 

Elden’s parents were reportedly paid only $200 for the photos, and the shoot lasted around 15 seconds.

 

https://www.tmz.com/2021/08/24/nirvana-kurt-cobain-sued-baby-nevermind-album-cover-art-child-sexual-exploitation-federal-lawsuit/


ALBUM REVIEW: Whitechapel – Kin


Turns out those dudes in Whitechapel are going to be alright. About a decade removed from the great Deathcore rush, this Knoxville unit is still putting up strong numbers and successfully exploring beyond the confines of the genre. And if you enjoyed the genre line blurring on 2019s The Valley, well it turns out Kin (Metal Blade) is willing to venture further out into the woods.

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The New Trailer for The Batman Features More of Nirvana’s “Something In The Way”


The new Batman movie The Batman shared another trailer for its highly anticpated March 2022 release via Warner Bros/Legendary Pictures. As with the previous trailer, Nirvana’s deep cut “Something In The Way” is prominently featured throughout the trailer. Based on the Batman Year One story by Frank Miller, the trailer features a rogues gallery of villans. The song was the final track on Nirvana’s breakout 1991 album Nevermind (Geffen Records) which just turned 30 years-old one month on September 24th. The trailer was shown during the highly anticipated panel for Matt Reeves’ (War For The Planet of The Apes), with a script by Terence Winter (Boardwalk Empire) and stars Robert Pattinson as The Dark Knight, Jeffrey Wright Commissioner Gordon, Zoe Kravitz as Catwoman, Paul Dano as The Riddler, Colin Farrell as The Penguin, John Turturro as Carmine Falcone; Andy Serkis as Bruce Wayne’s trusted butler, Alfred, and Peter Sarsgaard as Gotham District Attorney Gil Colson. Continue reading


Watch Dave Grohl of Foo Fighters Perform Nirvana’s “Smells Like Teen Spirit” from His Book Tour


Dave Grohl just released his debut book, The Storyteller (Harper Collins) and the Foo Fighters frontman and Nirvana drummer is on a solo tour promoting it. During his tour stops he signs books, tells stories from his career, and he plays some music. Dave has also been making the rounds on the interview circuit sharing some of those classic memories. Watch Dave perform the drums to Nirvana’s breakthrough song, “Smells Like Teen Spirit” from Town Hall in New York City!

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Nirvana’s “Nevermind” 30th Anniversary Editions Due Out This Fall


Nirvana’s Nevermind was released on September 24, 1991 and set off a revolution culturally and musically. Beginning November 12, 2021, Geffen/UMe commemorates the 30th anniversary of Nevermind with several multi-format reissues. A total of 94 audio and video tracks–70 previously unreleased–will be made available across configurations ranging from Super Deluxe Editions to standard digital/CD and single disc vinyl with bonus 7-inch. In all formats, Nevermind is newly remastered from the original half-inch stereo analog tapes to high-resolution 192kHz 24-bit. Pre-orders are live at the link below.

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Dave Grohl Books a Tour to Promote His Book – “The Storyteller” Live And In Person


Rock And Roll Hall of Famer and legend Dave Grohl, best known from his tenure fronting Foo Fighters, drumming for Nirvana, and Them Crooked Vultures has announced a limited tour to promote his new book, The Storyteller (Harper Collins), due out on October 5th, 2021. “The Storyteller” Live And In Person is an limited run of intimate dates where Dave will bring the book and his stories to the fans. Tickets are on sale today at 9am PT / 12pm ET / 5pm GMT.

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