Documents obtained by Exclaim! from Brutal Records and publisher Risky Music, who represent INCUBUS, outline cease-and-desist letter sent to METALLICA‘s legal team on March 27. In the letter, Brutal Records‘ Michael Howard accuses METALLICA of lifting INCUBUS‘ track “Hunger for Power,” from their 1988 album Serpent Temptation, on Hardwired…To Self-Destruct track “Moth into Flame.”
In an email to Exclaim!, Howard accuses METALLICA of stealing riffs from “Hunger for Power” on song “Spit out the Bone” as well, though there is no mention of this in the cease-and-desist.
The letter reads: “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.”
The cease-and-desist then goes on to add the following:
“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.
Below you can listen to “Hunger for Power” and both METALLICA songs in question.
We’ll post more news as we get it.