80’s metal band Incubus has issued a Cease-and-desist to Metallica. They claim Metallica ripped off their song “Hunger For Power’ in “Moth Into Flame”. I wonder if Incubus is running out of the money the Incubus band we know had to pay for the name. Oh wait no they didn’t because they never copyrighted the name and changed it in 1999 when they current Incubus did that.
In a letter to Exclaim from Brutal Records Michael Howard. He says Metallica also stole riffs from the same song on their track “Spit Out The Bone”
The Caese-and-Desist letter reads as follows:
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.
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.
I keep listening to the tracks and I don’t hear it at all. I don’t think this will go anywhere. Listen to the tracks below and let me know what you think…