Dan Brown sued over The Da Vinci Code

[Patti]

MSNBC News Services
Updated: 11:02 a.m. ET Feb. 27, 2006

LONDON - “The Da Vinci Code” author Dan Brown was accused in Britain’s High Court on Monday of taking material for his blockbuster conspiracy thriller from a 1982 book about the Holy Grail.

The accusation was made in a breach of copyright lawsuit filed against “The Da Vinci Code” publisher Random House. If the lawsuit succeeds in getting an injunction barring use of the disputed material, the scheduled May 19 release of “The Da Vinci Code” film starring Tom Hanks and Ian McKellan could be threatened.

Michael Baigent and Richard Leigh, authors of “The Holy Blood and the Holy Grail,” sued their own publisher, Random House. Random House denies the claim.

Baigent and Leigh claim Brown appropriated their ideas and themes in writing his book, which has sold more than 36 million copies worldwide since its 2003 publication.

Both books hinge on the theory that Jesus married Mary Magdalene and they had a child, and that blood line survives to this day. The notion has upset many Catholics and led to reproach by Vatican officials.

The earlier book set out the notion that Christ did not die on the cross but lived later in France.

Brown, who was expected to testify next week, told reporters outside court that the earlier idea had no appeal for him.

“Suggesting a married Jesus is one thing, but questioning the Resurrection undermines the very heart of Christian belief,” said Brown, who described himself as a committed Christian.

Jonathan Rayner James, a lawyer for Baigent and Leigh, said the case did not relate to the theft of specific parts of text but to the appropriation of themes and ideas.

“Brown copied from ’The Holy Blood and the Holy Grail’ and therefore the publication of the resulting novel is an infringement of my clients’ copyright,” he told the court.

James said his case was not an attempt to “stultify creative endeavor” or claim a monopoly on ideas or historical debate.

But Jonathan Baldwin, representing Random House, said Baigent and Leigh were making “wild allegations.”

Similarities?
He said they were suggesting that “Mr. Brown has appropriated not only the numerous parts of a jigsaw puzzle but the organizational way (Baigent and Leigh) put it together.”

“In brief, the complaint appears to be that ’The Holy Blood and the Holy Grail’ discloses the idea that Jesus was married to Mary Magdalene, that they had children which survived and married into a line of French kings, that the lineage continues today, and that there is a secret society based in France which has the objective of restoring this lineage to the thrones not only of France but to the thrones of other European nations as well, and that (‘The Da Vinci Code’) uses some of this idea,” Baldwin said.

He said Brown referred to “The Holy Blood and the Holy Grail” in his novel, but the earlier book “did not have anything like the importance to Mr. Brown which the claimants contend it had.”

Commentators have pointed out that a major character in 41-year-old Brown’s book, Sir Leigh Teabing, has a name that is an anagram of Leigh and Baigent. A third author of the 1982 book, Henry Lincoln, has decided to stay out of the action.

Prior lawsuits
The case is being heard in the Royal Courts of Justice on The Strand, a short walk from the Temple Church, which figures in Brown’s book. The church, founded by the Knights Templars, has reported an increase in visitor traffic inspired by “The Da Vinci Code.”

Random House has dismissed the claim as “without merit,” and succeeded last October in having a “substantial” part of the case made by the historians dropped.

Brown has been sued before. In 2005, a U.S. judge in New York ruled that his book did not infringe on the copyrights of “Daughter of God,” by Lewis Perdue. The judge also ruled out any copyright violations of Perdue’s 1983 novel “The Da Vinci Legacy.”

Perdue had similarly sought $150 million in damages and asked the court to block distribution of the book and the movie adaptation by director Ron Howard.

http://www.msnbc.msn.com/id/11589138/