METALLICA Issued Cease And Desist Claiming "Moth Into Flame" Ripped Off 80s Metal Band INCUBUS
Opprobrium has been an active death metal band based out of Lousiana since 1999, and before that the band's name was Incubus (not the rock band). In 1988, Incubus released an album called Serpent Temptation with a track called "Hunger For Power," which the band and its label Brutal Records are accusing Metallica of stealing.
BRUTAL RECORDS SEND A " CEASE-AND DESIST" LETTER TO THE "METALLICA" ATTORNEY FOR THE SIMILARITY OF "MOTH INTO FLAME" & "SPIT OUT THE BONE"
— Brutal Records (@BrutalRecordsUS) March 29, 2017
Brutal Records and Incubus/Opprobrium state that Metallica 'straight up stole "Hunger For Power" for its track "Moth Into Flame,"' and has issued the band a Cease and Desist, which has since been acquired and published by Exclaim.
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 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.
According to Exclaim, the label also says Metallica stole some of the song for "Spit Out The Bone" as well. Here are the songs for comparison below. Update: The band issued a statement, which you can read at the end of this post saying they had nothing to do with this cease and desist.
I don't know, I'm not really hearing anything that sounds like flat out theft.
UPDATE: It seems the band behind the music has nothing to do with the lawsuit, and says they are not sure who exactly issued the papers:
ATTENTION, ATTENTION to all Metal Magazines around the world and all our fans. It's been circulating that supposedly an "individual" is claiming that Metallica copied one of our songs called " Hunger For Power" and that this individual supposedly sent a "Cease and Desist" to Metallica.
To all OPPROBRIUM fans and Metallica Fans , we OPPROBRIUM would never send a "Cease and Desist" to Metallica. We OPPROBRIUM have nothing to do with this. We love Metallica and we are fans of Metallica ourselves.
We do not know the reason why this news is spreading. WE LOVE METALLICA and are Fans of Metallica and would never do such a thing against Metallica.
This individual is claiming that he holds the rights to one of our song " Hunger For Power", and it's NOT TRUE. We Opprobrium hold ALL the rights to all our songs.
This individual is spreading lies behind our backs. We OPPROBRIUM are surprise concerning this, and are very sad.
WE OPPROBRIUM LOVE METALLICA AND WOULD NEVER DO SUCH A THING TO METALLICA.
OPPROBRIUM does not support this individual nor are we responsible for the actions taken by this "individual".
We OPPROBRIUM are on the side of Metallica and NOT on the side of this individual that is spreading this LIE.
Thanks to all OPPROBRIUM and METALLICA fans, and please keep in mind that this individual is doing this on his own and we (OPPROBRIUM) have NOTHING to do with this. This is a very sad day for our band.