My story is about the Devil and his imps interacting with the human world, kind of Harry Dresden-ish. Had an idea this morning to have some of the imps sitting around exchanging stories about work, and one of them tell of challenging a young man to a violin contest and (apparently) losing. This idea was directly inspired by the song The Devil Went Down to Georgia by the Charlie Daniels Band, although my sub-story has a different POV (the Devil's) and a different ending (the violinist ends up damned). I know I've seen authors reference other works, Iain Banks talks about not thinking about Great Red Sharks in The Bridge while a man is driving drunk, and lightsabers are mentioned (by name?) in The State of the Art, but is it legal to retell a whole (very short, based on a classical legend) story in your work?
Seems to me the important words are 'based on a classical legend'. If you don't use any of Charlie's actual lyrics, I'd say you're fine.
Yeah, lots of stories of people beating or being tricked by the Devil, but I dunno if there are others about a violin player, or if there aren't, bringing a violin into it gave Mr. Daniels ownership of that specific concept.
I would be very surprised if a relatively small plot fragment like this were copyrightable. But I'm not a lawyer.
Charlie Daniels in fact doesn't own that concept, as he likewise borrowed the idea. The Crossroads Myth goes back to ancient times. African Americans call it Hoodoo, which I'm guessing is what inspired Charlie's song... which btw, is one of the greatest songs ever! There are a number of blues songs that came out decades before The Devil Went Down to Georgia that plumb the exact same theme. The only thing that separates Charlie's reimagining of the Crossroads Myth, is that he did it better than everyone else.
Yeah, there are tonnes of folk takes about someone making a deal with our lord Satan and then tricking him out of his due. Robert Johnson was alleged to have sold his soul at the crossroads back in the 30's, so I think as a concept it's pretty much free range by now. Just remember, when working on the contract, the Devil's in the details.
This wouldn’t bother me, personally. Charlie Daniels’ copyright extends to his music and lyrics and that’s about it, imo.
I'm pretty sure ol' Charlie got the idea from "The Devil and Danial Webster." I think that's in the public domain.
Yeah, that is, I just need the golden fiddle, which is what concerns me. Harlan Ellison sued the producers of The Terminator over his story Demon with a Glass Hand and won a settlement. I'd hate to have a little homage end up on the wrong end of a lawsuit.
