On March 27, Metallica’s legal team was issued documents detailing a cease-and-desist against the band for allegedly plagiarizing a song by 80s death metal icons Incubus. Not to be confused with the rap-rock band that was famous in the 2000s, Incubus has since rebranded themselves as Opprobrium due to the newer group having secured copyright to the name during the rockers’ musical hiatus.
The documents accuse the band of using Hunger for Power from Incubus’ 1988 album “Serpent Temptation” in their single, Moth Into Flame from the new album “Hardwired… To Self-Destruct”.
“It has been brought to my attention, that you have made unauthorized use of my copyrighted work which is titled Hunger for Power,” writes Brutal Records’ Michael Howard. “Your work titled Moth into Flame is fundamentally a close duplication of my work filed under the copyright of SR-130-298.
“As you have not sought or requested permission/authorization to use, nor to make and/or distribute, sell, lend or lease my copyrighted work entitled Hunger for Power, you are hereby notified to CEASE AND DESIST any and all further unlawful acts of copyright infringement with regards to your actions and/or statements relating to this matter.
“Failure to comply with this notice,” Howard continues, “will confirm your complicity and leave me no other alternative but to proceed to file a civil action suit seeking monetary damages and compensation for court and attorney’s fees incurred as a direct result of your unlawful actions of copyright infringement. It is not my wish to seek legal recourse; however, I will vehemently do all that is necessary to protect my work, Hunger for Power, and interests. Please note that this letter will be the only warning I will provide.
“THEREFORE, you are hereby requested to immediately CEASE AND DESIST any further acts of copyright infringement and within 10 business days return the signed written assurance below affirming that you will refrain from any further acts of copyright infringement.”
To date, there has been no official comment or statement on the issue by Metallica.
Listen to the two tracks below and let us know on Facebook if you think the allegations are warranted!
Metallica – Moth Into Flame
Opprobrium (Incubus) – Hunger For Power
UPDATE: According to the guys from Opprobrium, this lawsuit is complete bollocks! They made a post to their Facebook page regarding the matter…