[Photo Credit: Herring & Herring]
The legal issue cropped up from apparent similarities between the band's “Moth Into Flame”—the second single from their 2016 album, Hardwired… To Self-Destruct—and the song “Hunger For Power” by '80s metal group Incubus (later called Opprobrium; of no relation to present-day Incubus).
Check out the two tracks below and let us know if you hear any resemblance.
Documents obtained by Exclaim! brought the purported plagiarism to light. Brutal Records and publisher Risky Music, who were involved in the release of the 1988 Incubus/Opprobrium tune and parent album Serpent Temptation, are said to have sent Metallica's lawyers the cease-and-desist on March 27.
The letter presents the claim, in no uncertain terms, that they believe Metallica to have copied their musical idea.
It reportedly states, “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.”
Metallica – “Moth Into Flame”
Incubus (aka Opprobrium) – “Hunger For Power”