Dan Brown Wins 'Da Vinci Code' Copyright Case

Best-selling author Dan Brown has been exonerated of the charge of plagiarism revolving around his massively popular book, The Da Vinci Code. The High Court in London read the ruling this morning, much to the elation of Brown, and much to the dismay of Michael Baigent and Richard Leigh.

Brown had been accused by the two historians that he plagiarized their novels on the same subject as The Da Vinci Code. In the verdict read by judge Peter Smith, and reprinted by Reuters.uk, the court found that "Even if the central themes were copied, they are too general or of too low a level of abstraction to be capable of protection by copyright law." The judge also said that while Dan Brown may have used bits of the 1982 book, The Holy Blood and the Holy Grail, it was not enough to amount to a breach of the copyright. Another part of the 71-page ruling was quoted by CBS News, which read "It would be quite wrong if fictional writers were to have their writings pored over in the way DVC (Da Vinci Code) has been pored over in this case by authors of pretend historical books to make an allegation of infringement of copyright."

The lawsuit stems from the fact that both books discuss the idea that Jesus and prostitute Mary Magdalene had a child together and that the bloodline of Jesus has continued on to present times. Michael Baigent and Richard Leigh wrote a historical novel on the subject, and Dan Brown used the idea in his fictional thriller. A third author of The Holy Blood and the Holy Grail, Henry Lincoln, chose not to participate in the lawsuit.

Dan Brown was elated at the news of his vindication. As he was quoted by the BBC, "I'm pleased with today's outcome, not only from a personal standpoint, but also as a novelist. Books are an important part of our culture, and this is a good day both for those who write and for those who enjoy reading." Brown would also say "A novelist must be free to draw appropriately from historical works without fear that he'll be sued and forced to stand in a courtroom facing a series of allegations that call into question his very integrity as a person." Brown said he was "eager to get back to writing my new novel," and added that he was "still astonished that these two authors chose to file their suit at all."

As for the plaintiffs, their reaction was one of shock and dismay. The BBC quoted Richard Leigh's reaction as "I think by its very nature, this case entailed a conflict between the spirit of the law and the letter of the law. We lost on the letter of the law, I think we won on the spirit of the law, and to that extent we feel vindicated." The lawyer for Baigent and Leigh, Paul Sutton, said "Mr Baigent and Mr Leigh are clearly disappointed with the judge's dismissal of their claim. However, the judge found that Dan Brown copied from their book The Holy Blood and the Holy Grail - but just not in a way that UK copyright law protects. Sutton would go on to say "Mr Baigent and Mr Leigh remain committed to their case and are expected to appeal against the decision once they have fully digested the judgement in collaboration with their advisers."

Despite the fact that the lawyer for Baigent and Leigh has said the authors intend to appeal the decision, the court has ruled that the authors shall not have permission to do so. As another part of the ruling, the court has ordered Baigent and Leigh to pay 85% of publisher Random House's court and legal fees. Random House is believed to have incurred roughly £1.3 million ($2.26 million US). Mr Justice Smith has ordered that the plaintiffs in the case must pay a down payment of £350,000 ($610,000 US) by May 5th. This bill will be added to their own legal costs, which were estimated in court at £800,000 ($1.4 million US).

Random House, the publisher of both The Da Vinci Code and The Holy Blood and the Holy Grail, weighed in on the verdict. Gail Rebuck, Random House's Chairman and Chief Executive, was quoted by the BBC as saying "We welcome today's judgement and at Random House we are pleased that justice - and common sense - have prevailed. It is highly unusual and very sad that these authors chose to sue their publishers, especially after 20 successful years. This case has been extremely distressing for all concerned. We never believed it should have come to court - and frequently tried to explain why to the claimants." Rebuck went on to say "Copyright law tries to strike a fair balance between protecting the rights of authors and allowing literary freedom. Happily, today's judgement ensures that novelists remain free to draw on ideas and historical research." Rebuck also went on to "thank Dan Brown for his patience and terrific support, and our legal team who have worked tirelessly on this case."

Sony Pictures even weighed in, to say they were happy with the outcome of the case, and to say that they will still be releasing the $57 million movie The Da Vinci Code on May 19. The Da Vinci Code movie stars Tom Hanks (Saving Private Ryan, Terminal), Ian McKellen (X-Men, Lord of the Rings), Alfred Molina, Audrey Tautou and Jean Reno. The movie will be directed by Ron Howard (Cinderella Man, A Beautiful Mind).

Since its publishing began in 2003, The Da Vinci Code has sold more than 40 million copies worldwide, netting author Dan Brown £250 million ($442 million US). The Da Vinci Code has never left the British top ten sales charts, and The Holy Blood and the Holy Grail has found its way back onto the top 40 list. The Da Vinci Code has been released in paperback in the United States this week, and has sold 500,000 copies.

This is not the first time Dan Brown has faced these allegations. As Reuters.uk reported, "Last August, he won a ruling in New York against another writer who claimed he had copied elements of two of his books to write The Da Vinci Code"

[Additional Sources: Reuters.uk, BBC, CBS News]