EXIST Members Allege OBSCURA’s New Single ‘Evenfall’ Contains ‘Stolen’ Material

Obscura 2024
Photo credit: Grzegorz Gołębiowski

OBSCURA, a German progressive death metal band, has found themselves embroiled in controversy surrounding their recent single, “Evenfall.” EXIST‘s bassist/vocalist Alex Weber and vocalist/guitarist Max Phelps accuse OBSCURA mastermind Steffen Kummerer of “stealing” musical ideas from Weber.

In social media posts, Weber and Phelps allege that Kummerer appropriated ideas Weber had previously presented to OBSCURA while Weber was a member of the band. Weber claims to have shared these ideas for potential inclusion in OBSCURA‘s upcoming album, A Sonication, but was assured they would not be used after his departure from the band.

Following the January 8th release of “Evenfall,” Weber publicly accused Kummerer of theft, sharing a statement and a video comparison on social media to support his claims. He wrote in a statement: “I was REALLY hoping it wouldn’t come to this… I’m not one to create drama and stir the pot unnecessarily but I’m sad to hear that the new OBSCURA tune contains melodies that I wrote and melodies that I did not give Steffen permission to use. Before we all left the band we got written confirmation that the material we contributed to the record would not be used but this video shows clearly that my melody was used note for note.

“It would have been one thing if I was credited for this or had given him written permission to use it, but that was not the case. It’s not about money or even being that attached to the melody, it’s a matter of principle and intellectual property theft.

“I know because of deadlines, that Steffen was in a tough position when we all left the band but now I’m concerned that more of the music that Chris and I wrote for this album will still be used without our consent.

“I’m always more for going the compassionate route but I don’t appreciate how this situation has been dealt with. It’s NOT ok to use someone else’s music regardless of how much or how little was used, especially without credit.”

Max Phelps, Weber’s bandmate in EXIST, has also spoken out about the allegations, stating that the disputed parts were already being incorporated into a new EXIST song. Phelps wrote in a post: “I have never wanted to make a post like this, but I’ve got to back up my brother on it…the new OBSCURA song is stolen. Alex brought the parts in question to the table a while ago and we had currently been working them into an EXIST arrangement, so I’m personally very familiar with them. I would even argue that Alex undermined the extent of the plagiarism in his wording…it goes beyond the melody to the rhythmic ideas and development whenever that melody occurs. It’s not just the bassline, it’s the guitars and drum line as well. Here are the parts that are plagiarized:

“0:00 – 1:15
2:14 – 2:34
4:49 – 5:35

“That’s 2.5 minutes of a 5.5 minute song. These were not Steffen‘s to use and now he’s trying to blow Alex off by claiming that he ‘changed them dramatically’. He didn’t… it’s not even remotely subjective and there are copyright violations all the time over musical ideas that are far bigger stretches.

“I do want to clarify that Steffen has been a good friend of mine for years and has done a lot of solids for Alex, myself and EXIST including taking us on tour even when our band really didn’t have much traction. Neither of us take this for granted, which unfortunately makes this even more of a heel turn and a huge disappointment.

“If Alex still wants to use the riffs then we still will use them and there’s nothing Steffen can do because they are legally not his or his record label’s intellectual property. On a side note, Robin Zielhorst is awesome and I feel bad if he and the other new dudes are getting tangled in this.”

As of the time of writing, neither OBSCURA nor Kummerer has publicly addressed the allegations.