Authors of "history" book called "holy Blood and the Holy Grail" sues
dan Brown for plagiarism. From the Observer:

Da Vinci trial pits history against art
David Smith
Sunday February 26, 2006
The Observer

Nothing less than the future of Western literature is at stake in the
High Court tomorrow. Or so the publisher of The Da Vinci Code, the
money-spinning blockbuster by Dan Brown, is expected to argue in a
ground-breaking trial.
Brown, whose tale of clerical conspiracy and murder has become the
bestselling hardback adult novel of all time, is accused of plundering
his plot from a non-fiction work called The Holy Blood and the Holy
Grail
Historians Michael Baigent and Richard Leigh, who co-wrote the book
with Henry Lincoln, claim that Brown plagiarised 'the whole jigsaw
puzzle' of their decade's worth of research - that Jesus married Mary
Magdalene and had a child, founding a bloodline that was protected by
the Knights Templar.
If they win, the historians will seek an injunction preventing further
infringement of their copyright. In theory, this could bar Random
House from publishing Brown's book, which has sold more than 40
million copies, and even threaten the British release of the £53m film
adaptation, starring Tom Hanks, Audrey Tautou and Sir Ian McKellen.
However, lawyers representing Random House are expected to argue that
the implications would damage the art of writing itself.
It is believed they will tell the court that for centuries writers
have recycled plots, themes and ideas from each other. One literary
figure has pointed out that apart from A Midsummer Night's Dream,
every one of Shakespeare's plays is based on another source. Such
trading has given rise to the saying, 'good writers borrow, great
writers steal'.
Brown, now a multi-millionaire who shuns the media spotlight, is
expected to be in London to defend his work. A Random House source
said: 'Can you copyright an idea? Previously copyright has applied
just to how the idea is used. This is why we are confident. If the
claimants win, it's the end of John Grisham, Tom Clancy, Robert
Harris, Helen Fielding - and Shakespeare.'
Random House is expected to point to a series of other books that have
also 'borrowed' from Baigent and Leigh's work in the 24 years since it
was published, none of which was sued. The implication is that Brown,
like JK Rowling and others, has been targeted because of his
multi-millionaire status. 'Where there's a hit, there's a writ,' the
source said.
But Baigent and Leigh, who have hired leading QC Jonathan Rayner
James, will argue that Brown has gone further than anyone else in
appropriating their research. When the writ was issued, Leigh said:
'It's not that Dan Brown has lifted certain ideas, because a number of
people have done that before.
'It's rather that he's lifted the whole architecture - the whole
jigsaw puzzle - and hung it on to the peg of a fictional thriller.'
Lincoln, the third author of The Holy Blood and the Holy Grail, has
declined to explain why he is not joining the legal action, although
he is believed to be in ill health. Last year he said The Da Vinci
Code had 'nothing to do with the facts. It's a potboiler, but a good
one.'
In a further twist, Baigent and Leigh's book is also owned by Random
House and has sold more than two million copies, enjoying a surge
since a revised illustrated edition was republished last September.
Some observers suspect a publicity stunt, but Joel Rickett, deputy
editor of the Bookseller, said this was unlikely: 'From the outside it
looks like a long shot, but to get to this stage I'd guess they must
have spent hundreds of thousands of pounds and got top legal brains to
study it. They must really believe they've got a case.
'In a sense they're admitting their work has elements of fiction to
it. If it was pure history, how could they copyright history? When
historians discover something they can't copyright it.'
Rickett added that if the pair won an unlikely victory it would set an
astonishing precedent. 'It would have seismic implications. Novelists
would have to be very, very careful when using non-fiction sources to
build their fiction. Many novelists read a single work of history and
use it as the basis of their book.'
Professor Lisa Jardine, a former Man Booker Prize judge, said: 'They
are not going to win. I don't think plagiarism any longer holds up -
we live in a world of cut and paste, and in a global village.
'Creativity is always a beautifully arranged patchwork that nudges
something a little further on.'

--
ANivar Aravind
GAIA

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