Metallica have been issued a cease-and-desist letter for allegedly plagiarizing a track by 80s death metal pioneers Incubus, according to a new report by Exclaim.ca
The documents sent to Metallica’s legal team on March 27 by representatives of Incubus accuse the band of lifting “Hunger For Power" from their 1988 album “Serpent Temptation”, for use in the “Hardwired…To Self-Destruct” single, "Moth into Flame."
"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.”
No official comment or statement on the issue has been made to date by Metallica.
Incubus changed their name to Opprobrium in 2000 when they returned to action after a ten-year hiatus to find that the California hard rock band of the same name secured copyright of the brand during their absence from the scene.
“Moth Into Flame” was the second single from Metallica’s tenth album.
The group will resume the Worldwired tour in support of “Hardwired…To Self Destruct” when they begin a 25-show summer stadium tour of North America at M&T Bank Stadium in Baltimore, MD on May 10.
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