Metallica Issued A Cease And Desist Order Over 80’s Metal Band Incubus Over “Moth Into Flame” Similarities

Photo Credit: Marv Watson

Often times one of the most frustrating aspects of the entertainment business is the actual business part. It affects all who are apart of entertainment from new comers to veterans. In this case, legendary group, Metallica, has been hit with a cease and desist letter after being accused of plagiarism by death metal legends Incubus. According to LOUDWIRE, via legal documents, Metallica’s “Moth Into Flame” was lifted from Incubus’s “Hunger For Power” off of their 1988 album Serpent Temptation. 

Metallica was allegedly served with the cease and desist in March by Brutal Records and publisher risky music. A letter written by Brutal Records representative Micheal Howard stated,

“It has been brought to my attention, that you have made unauthorized use of my copyrighted work which is titled ‘Hunger for Power.’ Your work titled ‘Moth into Flame’ is fundamentally a close duplication of my work filed under the copyright of SR-130-298.”

“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.”

Metallica fans will be able to see the group live at the Outlands Festival and during their worldwide summer 2017 tour.

Update:

Incubus (now known as Opprobrium has now spoken out about the cease and desist letter that was sent to Metallica on their behalf.

Read an excerpt from their statement below:

“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.

 

 

Chris Baker: My name is Chris Baker and I am currently enrolled in college as a Communications major with a minor in Marketing and a focus in Digital Media. While I was in High School I started to notice and feel that everything is going digital, specifically news. So, I began to and still am doing anything that I can to gain experience in the field of communications.
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