The DaVinci Code trial

40 million copies of The DaVinci Code have been sold by Random House publishing house. Later this year, a blockbuster movie will be released, already causing a tidal wave of controversy. Yet, for all of the hubub concerning the DaVinci code, a court case is in progress in England that could turn everything upside down.

Dan Brown, the author of The DaVinci Code, is being sued for infringing on copyright laws by the authors of a book, The Holy Blood and the Holy Grail. The assertion is that Dan Brown lifted parts of the previously published book to include as his own. Even though he reworked the parts, he is still infringing on the copyright laws. This is a high stakes case where the authors of The Holy Blood and the Holy Grail could stand to lose $4 million. So, authors beware of infringing on copyright and know the law.

The case is currently in the judge's hands, so the verdict should be forthcoming soon.

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Submitted by jwensink on March 21, 2006 - 6:02am.

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realitycheck | March 21, 2006 - 6:43am

Great blog topic. I read the Davinci Code but not the Holy Blood. I would like to hear what someones opinion is who has read both.


gom jabbar | March 21, 2006 - 7:22am

I've been following this case too. I thought of posting a blog on it but I don't know enough about English Copyright law to comment. Anyway, I would like to point out a few things.

* Brown is not being sued; the suit is against Random House, who published both books.

* The major points Brown is accused of "stealing", like the marriage between Jesus and Mary Magdalene, are not unique to Holy Blood, Holy Grail. Also, The Da Vinci Code is not the first book to use these ideas in a fictional setting (for those of you not familiar with the work of Umberto Eco).

Now, I'm not defending Brown, although I think the timing of the trial is highly suspicious. Would this law suit have taken place if this book had not sold 40 million copies and if there was no movie? Who knows? In all fairness, it looks like Brown has made his share of mistakes. "Reworking" a passage from someone else's book could come back to haunt him. After all, that is a form of plagiarism. I also think shielding his wife from testifying is a bad move since she did the majority of the research for him. If he is truly innocent of the charges, her testimony would be valuable.

This is indeed a complicated case, and I'm not sure that I've done it justice. As Realitycheck said, I've only read one of the two books in question, and hopefully someone who has read both can share some comments as well.

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Those who dream by day are cognizant of many things which escape those who dream only by night. - Edgar Allan Poe


jwensink | March 21, 2006 - 7:26am

I have only read The DaVinci Code, but the case is very interesting. It is an eye opener for those of us in the writing business.

realitycheck | March 21, 2006 - 7:35am

Thanks for the info. I am a law-addict. I love watching court tv. I have basically "home schooled" myself in the law by watching years of televised court cases, but I too am a little iffy when it comes to Copyright laws.
I do completely agree on both your points - 1. The timing is suspicious. I highly doubt this would be an issue if the book was a flop.

and

2. When people in general are restricted on their testamony is does raise a question. That question is "Why?"
I have wondered this time and time again. Almost every case I see some key person has decided not to take the stand. In my mind it makes them look completely guilty. In this case, as you say, if she's innocent why not?

So has anybody read both these books?...O' Ceal? You had to have read both these? We need a readers opinion!


gom jabbar | March 21, 2006 - 9:08am

All right, this website, and today, this discussion is doing serious damage to my productivity, but I can't resist a book discussion (or in this case, a legal discussion regarding a book).

This is definitely an argument for writers to do their own research. I prefer having complete control over my work, even if it takes longer to complete that way. I would not attempt to write a novel based on someone else's notes, even if it was someone I trust. After all, some people's idea of research is copying notes directly from sources, and if he was working from her notes... Oh my...

Forgive that, I just thought it was a bad move on Brown's part turning over the research to his wife but then keeping her out of the court room. It definitely makes it look like they have something to hide.


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Name: Jean Wensink
Age: 46
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About: I am a full time elementary teacher and a freelance writer. I have been published in numerous magazines and anthologies. I am currently in Chicken Soup for the Dog Lover's Soul, and have my first children's book coming out this summer. I love writing, camping, traveling, and crafts.

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