'Da Vinci Code' Trial Opens With Claim of Theft

[OpenMind]

'Da Vinci Code' Trial Opens With Claim of Theft

By SARAH LYALL

Published: February 28, 2006

LONDON, Feb. 27 ” Opening arguments began here on Monday in a case that sets Dan Brown, megaselling author of "The Da Vinci Code," against the authors of a nonfiction book who contend that he stole their ideas for his book.

Speaking before a packed courtroom in London's High Court, Jonathan Rayner James, the lawyer for the aggrieved authors, Michael Baigent and Richard Leigh, said that Mr. Brown had "appropriated" the "architecture" and central argument of their book "The Holy Blood and the Holy Grail" (1982) in "The Da Vinci Code," published in 2003.

The case has enough twists for a novel in itself. For one thing, both "The Da Vinci Code" and "The Holy Blood and the Holy Grail" are published in Britain by Random House. That means that Mr. Baigent and Mr. Leigh are suing their own publisher. (A third co-author, Henry Lincoln, has decided not to participate in the case.)

Then there was the sight of the intensely private Mr. Brown, dressed in his customary turtleneck and blazer, sitting not far from Gail Rebuck, chief executive of Random House U.K., in the courtroom's front row. Although he is not named as a defendant, Mr. Brown plans not only to attend the entire trial but also to take the stand, as a defense witness for Random House. Ms. Rebuck said in a statement that "Random House takes no pleasure in defending legal action that it believes is without merit, and we are confident that we shall prevail." If the plaintiffs win, the case could conceivably have wide repercussions on copyright law in Britain, affecting authors whose novels rely on the original historical research of other authors. Random House is arguing, for instance, that a ruling for the plaintiffs would affect the future work of novelists like Robert Harris, Michael Crichton and Julian Barnes.

If Random House loses, the case could potentially affect the release in Britain of the film "The Da Vinci Code," starring Tom Hanks and Ian McKellen, scheduled to open here on May 19.

"The Holy Blood and the Holy Grail" (published in the United States as "Holy Blood, Holy Grail") posits that Christ survived the crucifixion and went on to marry Mary Magdalene, that the couple's descendants are still flourishing today, that factions within the Catholic Church are eager to suppress this information, and that the Holy Grail is far more mysterious and far more complicated than anyone ever imagined.

The three authors spent five years, from 1976 to 1981, researching the book, they say, before arriving at what they call the "central architecture" of their argument. It is this architecture ” the trajectory of the case they make in "The Holy Blood and the Holy Grail" ” that they say Mr. Brown appropriated, rather than individual words or passages.

"It is not as though Brown has simply lifted a discrete series of raw facts from 'The Holy Blood and the Holy Grail,' " the plaintiffs argue in court papers. "He has lifted the connections that join the points up." They continue: "There is no other credible explanation as to how the architecture from "The Holy Blood and the Holy Grail" could be in "The Da Vinci Code."

In addition, the plaintiffs say, their book is not "a historical account of facts and it does not purport to be such," but is, rather, "a book of historical conjecture setting out the authors' hypotheses" ” and thus protected by copyright.

Mr. Brown does not deny that he consulted "The Holy Blood and the Holy Grail" before publishing "The Da Vinci Code." In fact, one of his characters ” Sir Leigh Teabing, a partial anagram of the authors' surnames ” actually has the book on his bookshelf. In one passage in "The Da Vinci Code" Mr. Brown summarizes the Jesus-Mary Magdalene theory, saying that "The Holy Blood and the Holy Grail" is the most important book in the area.

But Random House's lawyers argue that "The Holy Blood and the Holy Grail" is just one of many sources Mr. Brown consulted, and that it was relatively unimportant to his research. Furthermore, they say, many of the basic ideas put forward in "The Holy Blood and the Holy Grail" were not original, anyway, but had been around for years in other sources.

In addition, they say, "The Da Vinci Code" is full of ideas that do not appear in "The Holy Blood and the Holy Grail," including conjectures about Leonardo's part in the heretical conspiracy; the pagan worship of female gods, and the writing of the Bible.

The trial is expected to last as long as three weeks.

Copyright 2006HYPERLINK "http://www.nytco.com/"The New York Times Company

[SOJOURNER]

This book has been out a long time. Why are we just hearing about this accusation now?

[OpenMind]

SOJOURNER wrote: This book has been out a long time. Why are we just hearing about this accusation now?


Good question. It crossed my mind too. I reckon they've been waiting to make sure there's a hefty cake to take a hefty slice from.

[chonsigirl]

Maybe because the movie is about to come out, more royalties you know..............

[OpenMind]

chonsigirl wrote: Maybe because the movie is about to come out, more royalties you know..............




If Random House loses, the case could potentially affect the release in Britain of the film "The Da Vinci Code," starring Tom Hanks and Ian McKellen, scheduled to open here on May 19.


If they took their case up against Dan Brown, then they might stand a better chance. Dan Brown would hold the movie rights. It's curious that they took their case up against Random House instead.

[chonsigirl]

That is a good point, Open. Does Dan Brown alone hold the movie rights, or does the publisher have some part of it?

[OpenMind]

chonsigirl wrote: That is a good point, Open. Does Dan Brown alone hold the movie rights, or does the publisher have some part of it?


I would imagine that Random House would get a commission at least as the movie company would have to go through the publisher to contact Dan Brown. Whether the publisher received any royalties from the movie depends on the contract between them and Dan Brown. Most likely, they do.

On the other hand, if the movie release would be affected by this case, then either Dan Brown owns all the movie rights, or there's another factor I'm not aware of. It might just be the newspaper's way of drawing attention to the fact of the movie.

[chonsigirl]

I know the movie is anticipated here, and the book was a best seller, so there is money involved.

I had small pitance on royalties this year, $18 on my taxes, that made my tax preparer tear his hair out for such a small sum all the fuss!:wah: Historians get their dues through free books................

[Jives]

This case is a loser. I'll tell you why, the authors of the first book are accusing the new author, not of plagiarizing, but of stealing themes and ideas.

That actually can't be done. It's the equivalent of a guitarist saying, "You stole my chord." All musicians know that there are only so many chords and so many ways to put them together and the total truth (ask any musician) is that all the riffs that can be invented... have been.

You can still get an original song by putting these riffs together in new combinations with new lyrics, but as we all know, part of that song will remind you of another for good reason.

It's the same thing here. Sure the idea might be derivative, but that's perfectly legal.

Personally, I'd like to go up to the authors of the original book and ask them, "Do you really think you are the first guy in history to think that Jesus might have married Mary Magdelane?"

Shoot...I thought of that idea in the 7th grade, a quarter century before these hacks wrote their book. They are just as derivative as the new guy.

And yes, with Tom hanks in the movie, and Ron Howard directing, this is all about the money.

[OpenMind]

chonsigirl wrote: I know the movie is anticipated here, and the book was a best seller, so there is money involved.



I had small pitance on royalties this year, $18 on my taxes, that made my tax preparer tear his hair out for such a small sum all the fuss!:wah: Historians get their dues through free books................


That's interesting, Chonsi. What titles have you written?

[chonsigirl]

I write on Native American history-don't laugh, but I couldn't rememeber which article it was for when I saw the tax paper. I had about 10 contracts last year for different artciles, but they are for future years until it is all compiled. I think it was for Chemehuevi migration patterns, I made a really cool map for that one that I liked. The others were for multiple chapters, 6 on Mayan history, 2 on federal treaties, and 2 on Supreme Court cases involving Native law. I'm dawdling now on an article to finish, so I can start a big rewrite this summer on my dissertation in book form. Summer break lends itself to writing, and sunshine.............:-6

[Jives]

We are not WORTHY!:yh_worshp :yh_worshp :yh_worshp

[OpenMind]

I wouldn't laugh. That would actually interest me in the same way as I am interested in Celtic history. The Celts were very widespread across our continent for quite a long while and encompassed several races. Naturally, they had a far-reaching effect on the development of life in these 'ere parts.

I have a book on the Celts. I particularly remember a part where it was explained how the celts would conquer regions and incorporate their culture, but make it 'bigger'. I found this amusing as Americans in general are attributed to this trait, but it came from way back when.

The Celts were a more 'natural' type of people than we are now insofar as they lived close to the Earth and what it provided, yet they had an immense culture and an interesting political attitide.

[chonsigirl]

Oh there is a renewed interest in Celtic history from their numerous migrations and cultutral exchange. It is a very popular topic of research lately, I have read of some interesting topics for conferences and articles that will be coming out in the next few years.

[OpenMind]

I get the sense that a lot of people are looking backwards to re-examine our roots with a view to determining where we should go from here. This would make an article by itself, methinks.

With people making friends with each other across the world on a mass scale compared to the pre-Internet era, the world now is a very different place and more integrated. The Age of Aquarius has certainly arrived and hopefully, the human race as a whole will make something positive of it.

(Or perhaps I'm just getting a bit above myself here. )

[chonsigirl]

No, you are not Open. I think that statement is true, and I am sure there are articles on those thoughts or being composed. It may be more along the philosophical line, and in those fields that studies and thoughts progress-but it would be a great article!

[OpenMind]

I could go on all night, but I must get meself off to bed before I wither. It's been nice chatting with you Chonsi. Take care. Chat again soon.:-6

[chonsigirl]

By Open, sweet dreams.

[Jives]

OpenMind wrote:

With people making friends with each other across the world on a mass scale compared to the pre-Internet era, the world now is a very different place and more integrated. The Age of Aquarius has certainly arrived and hopefully, the human race as a whole will make something positive of it.


Just ....awesome. Very well said.:yh_clap :yh_clap :yh_clap