Listen to the below song by Opprobrium, a band that used to be called Incubus that are in no way affiliated with Incubus of “Pardon Me” and “Drive” fame:
Sound like anything, maybe a song by Metallica? Maybe a song on Hardwired… To Self Destruct called “Moth Into Flame?” No, not even a little bit other than the fact that both songs are in the same key? Ok, cool, we thought it was just us. Apparently, the 1988 song “Hunger For Power” sounded enough like “Moth Into Flame” and “Spit Out the Bone” to Brutal Records owner Michael Howard and publishing company Risky Music that they sent a cease and desist letter to Metallica.
Exclaim! found the documents, which were apparently sent to Metallica as well. They also allegedly claim the song was also stolen for Hardwired‘s “Spit Ouf the Bone.” Here’s what the document says in part:
“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.
First off, we don’t hear it. Secondly, we still don’t hear it. Granted, all three songs are in the same key, and all have their moments of thrash, but in 1988, it almost sounds more like Incubus/Opprobrium are ripping off early Metallica, and if they should be suing anyone, maybe it should be the band Incubus for taking their name. But the label confirms that they did indeed send a C&D, even if they can’t spell “sent” right.
BRUTAL RECORDS SEND A ” CEASE-AND DESIST” LETTER TO THE “METALLICA” ATTORNEY FOR THE SIMILARITY OF “MOTH INTO FLAME” & “SPIT OUT THE BONE”
— Brutal Records (@BrutalRecordsUS) March 29, 2017