Da Vinci Court Case
Posted by Greg at 01:14, 28 Feb 2006As mentioned in today's news briefs, the "Da Vinci Court Case" has kicked off in London, with Michael Baigent and Richard Leigh - authors of the 'alternative history' bestseller Holy Blood, Holy Grail (HBHG) - sueing Dan Brown over copyright infringement in his own bestseller The Da Vinci Code (DVC). The Times has a good summary of the arguments behind the case, which are well worth pondering, while The Guardian covers the events of the day.
The case could have huge ramifications for writers, for if Baigent and Leigh win it could raise serious concerns about how to integrate previous research into new material. If someone was to write a novel detailing the controversies at Giza, do they therefore avoid specific theories such as West and Schoch's Sphinx weathering hypothesis, as it could be counted as similar to Baigent and Leigh's "historical conjecture". That term may be significant - ironically, it would appear difficult for B&L to win their case unless they state that their research is not fact, but only conjecture (as objective facts are not copyrightable).
As such, it's difficult to have empathy for B&L - especially considering that the success of DVC has pulled HBHG out of obscurity (after initially selling millions in the 80s), and kept it solidly within Amazon's top 1000 for the past few years. On the other hand, perhaps there is something to their claim...if you were to uncover some fascinating threads of history, put it in book form and only sell a few copies - would you then want to sue an author who took your work and made many millions of dollars from it?
Whatever the outcome, it's likely that the publicity may be more than enough to compensate for the costs of B&L's court case, and will also contribute further to DVC sales and income. As of today, HBHG is at its highest ever Amazon ranking (#9), and is not far from pushing into the top 5 and challenging DVC itself (#4). Perhaps the biggest winner out of all this will be Random House - who publish both books...
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Comments
2 May 2004
2 days 12 hours
The only author who has a solid copyright infringement case against Dan Brown is Lewis Perdue. Considering the subject matter, it's quite possible for two authors to develop the same plot. Afterall, no one is accusing JK Rowling of plagiarising Neil Gaiman's Books Of Magic or Jill Murphy's The Worst Witch. Well, ok, I am, but that's besides the point.
I once accused Stel Pavlou of plagiarising Robert Bauval, John Anthony West and Rand Flem-Ath for his novel Decipher. Stel rightfully clipped me around the ear, and I quickly realised my accusation was wrong and grossly unfair. I feel the same way about Leigh Teabing's accusations against Dan Brown.
On one side, I can understand why Leigh Teabing feel slighted. However, the fact that they aren't suing Lewis Perdue as well highlights their hypocrisy.
As a writer myself, I sincerely hope the case is thrown out. If Leigh Teabing are successful, then the ramifications for the fiction industry is apocalyptic. Publishers will no longer print authors like Ed Kovacs, Matthew Reilly, Dan Easterman, John Case, Lewis Perdue and so many others, for fear of breaching copyright laws.
Leigh Teabing's plagiarism lawsuit is wrong. They could have used Dan Brown's success in a more positive manner. Perhaps written a collaboration with Brown. Their book has already been reprinted and advertised.
Our imaginations can only take us so far, and we writers rely on historical and factual stories for inspiration. In a way, we're literary pirates pillaging and plundering the seas of non-fiction.
Yarr,
Rick
PS In 2000, I was discussing Holy Blood Holy Grail with a classmate in a professional writing course. She mentioned that it would make a terrific plot for a novel. I agreed. I'm glad I didn't follow up on that ... and of course, Lewis Perdue's Da Vinci Legacy, and more recently John Case's Genesis Code did it so much better.
28 December 2004
2 years 16 weeks
There's a film called Revelation which also reminded me of HBHG, though to a lesser extent than the-exact-same-theme DVC. It came out about 5 years ago, no doubt riding on the back of the pre-DVC rising profile of the Knights Templar, Rosslyn etc. (which I've taken to be a spin-off from the alternative history boom started by the likes of messrs. Hancock and Bauval).
Although it has some superbly bad acting and hammed-up special effects it's worth seeing.
...actually, it's probably not.
11 April 2005
4 years 44 weeks
Ah yes, whenever someone comes up with a brilliant idea 1001 pretenders come out of the woodwork to proclaim it was their own. Before I read a single Harry Potter book a friend of mine informed me flatly that his grandfather had already come up with that.
So I finally picked up the series (after the fourth book came out) and now I've read them all. My husband and I read like its going out of style, and my husband is also a writer. We both have a deep appreciation for the written word and good literature. In falling in-love with the series I forgot what my friend had said about his grandfather coming up with it all.
Then a year or two later I came across the accusation again in the TDG comments section (not today...this was a long time ago). I had never heard it other than from my friend...and here. It was distressing to me, the thought that a book series we loved so much could be stolen from somewhere. So I started looking into it. What did I find? Zero...zilch...nada.
Nancy Stouffer = Lied.
Neil Gaiman = doesn't feel he's been plagiarized and has no intention to sue.
Jill Murphy = Not going to sue.
So I wondered..hm...maybe they just don't feel it's worth the hassle. So I got my hands on some of The Worst Witch books, and I found someone with Neil Gaiman's comics and I took a look for myself. The accusations are frankly...rubbish.
Then it occurred to me...it would be pretty damn hard to sell millions of copies of a book and make millions off that book and not have anyone notice if it was plagiarized. Seriously...
2 May 2004
2 days 12 hours
My point was Harry Potter isn't as original as many make it out to be. There's nothing new under the sun, but many Harry Potter-ites strut around and act like the sun shines out of JK Rowling's arse. And I did add a smiley face -- Kat knows I was teasing. ;-)
There are glaring similarities between the Potter books and Jill Murphy's Worst Witch series and Neil Gaiman's Books of Magic. Roald Dahl deserves a mention, and Joseph Campbell's Hero's Journey template served Rowling pretty well too. But you'd never credit them for being a source for Rowling's ideas. She's far too original for that. JK gets her ideas from a mystical muse that only visits her. Um, yeah, right.
Yes, Neil isn't upset about it and nor will he sue for plagiarism (and nor should he) -- he stated in his blog that all writers dip their buckets into the same well, or something like that. He's much better at similes than I am. Rowling may have seen a picture of a bespectacled Timothy Hunter learning magic and flying on a broomstick with a pet owl by his side, but that's where the similarities end and Neil would rather move on to greener pastures. Good on him, he's done the right thing, especially by ignoring rabid fanboys who rant on internet message boards about JK Rowling ripping-off Timothy Hunter. He was annoyed at first, because it complicated film rights, but Neil decided he'd rather spend his energy on more positive things, like writing more stories.
Anyways, we all know both Gaiman and Rowling ripped off Disney's Once And Future King (young boy wizard with glasses, anyone?). ;-)
I must make one thing very clear -- I don't have a problem with Rowling or where she gets her ideas from either. As Neil said, we all dip our buckets in the same well. But I do have a problem with readers such as yourself who absolutely insist the sun shines out of Rowling's arse and all her ideas are original. She's a good storyteller, she's a good writer, but she isn't the most original writer who's ever lived. Rowling dips her bucket in the same well as everyone else, even if her mansion in the south of France has running water.
Here's an article from a Gaiman fan which is quite balanced, just to show you I'm not a complete muggle. I'm many things, but not a muggle.
Good luck with your writing and deep appreciation for the written word, I look forward to seeing you on Oprah one day. Or perhaps I'll find you knocking on my door selling Harry Potter bibles and spreading the word of JK Rowling Mormon style.
PS Why am I so against Harry Potter obsessives who think the sun shines out of JK Rowling's arse? I worked in a bookstore a couple years ago, and I recommended Jill Murphy's Worst Witch to kids who were impatient for the next Harry Potter book. They screwed up their noses in disgust and said that the Worst Witch was a rip-off of Harry Potter. There was no arguing with them. Lewis Perdue is experiencing the same thing with Da Vinci Code obsessives.
Here's a neat website from one kid who questions where the sun shines.
Personally, i like the Chinese version of Harry Potter, which portrays him as a fat hairy dwarf. Now that's originality!
I also prefer Terry Pratchett's take on Harry Potter.
Okay, that's enough shit-stirring from me. I must go and burn incense at the Philip Pullman shrine ...
4 May 2004
5 years 44 weeks
Far be it from me to suggest that this is the case, but it’s within the realm of human potential/possibility: Brown, Leigh, Baigent, and Random House all collaborated (conspired) on the law suite. All gain financially. Can you think of a loftier con game (besides 9/11, of course).
24 June 2004
5 years 50 weeks
I've had it in my mind for a while.Random House stands to make a bundle whatever way the court decides.
shadows
9 November 2005
6 years 8 weeks
This got me thinking...If Brown looses this case will this make it "open season" on all writers of historical books? What about all those popular retellings of the Serial Murders? Will the Murders have a chance to make money by suing the various writers thinking their histories have been hijacked for a buck? I can think of quite a few of those books that have already been made into movies and people eat 'em up like candy. Pretty sick... so how and where do we get the court to HEAR that History is there for the telling.
16 July 2005
4 years 31 weeks
"...if you were to uncover some fascinating threads of history, put it in book form and only sell a few copies - would you then want to sue an author who took your work and made many millions of dollars from it?" - Greg
Actually Greg, I don't believe I would mind one way or another but perhaps others might. If my objective was to make money by writing, I would respect those who could do the work better than I. If I wanted to tell a story of importance, then I would be pleased that others were telling the tale as well.
In either case, I don't believe that this issue is a simple matter of greed or hubris.
In both this and an earlier thread (http://dailygrail.com/node/2276) Rico hit the nail squarely on the head: the case itself is a chilling threat to writers everywhere. Who knows what work of fiction or non-fiction may chance to intrude upon some earlier conjecture? By the standards of this case no one would dare write anything about anyone, anywhere, for fear that they would somehow trespass upon someone else's presumed territory.
Maybe I'm just annoyed by the lost opportunity. I have this great idea for a novel about creating an entire universe in 6 days. Then my hero and heroine get kicked out of this wonderful garden just because they eat some fruit that gives them the ability to know right from wrong and then... Oh well, it was just an idea.
Michael Scott
An Fhírinne in aghaidh an tSaoil
2 May 2004
2 days 12 hours
Michael,
Universe created in 6 days? A man and a woman getting kicked out of paradise? Forbidden fruit? Well, my story has a serpent in it, so I guess you won't sue me...
I'm surprised there's been no mention of science fiction writers. Just about every great scifi novel (and even the bad ones) is based on someone else's idea or theory. Crime novelists will need to tread warily too, but I'm sure John Grisham is going to get a novel out of this lawsuit. That'd be ironic.
By the way, are you related to Michael Scott Rohan?
Sliante,
Rick
16 July 2005
4 years 31 weeks
Am I related to Michael Scott Rohan?
Well, he's a writer of some substance and I can read fairly well.
Apart from that we have little in common, certainly not the competant writers' gene. Alas, I'm an O'Dougherty and, as most folk know, we can't even write our name properly (small wave to the folks back home).
Sliante,
Michael Scott
An Fhírinne in aghaidh an tSaoil
2 May 2004
2 days 12 hours
Well, my relatives on my father's side won't have anything to do with the half-dozen of us colonising Australia. They're all in Austria, doing Bilderberger stuff or somesuch. My mother's side are Rainbows, and you know what they say about the Irish ....
Pity you're not Rohan. I was going to grill you on when your next book is coming out. It's been a long time between drinks.
What does An Fhírinne in aghaidh an tSaoil mean by the way?
Rick Rainbow, can you imagine a better name?
16 July 2005
4 years 31 weeks
Hmmmm. Sounds familiar. My sainted Grandmother was Austrian/Bavarian and she too could be a bit insular. As for colonizing Australia, keep up the good work. I admire the Aussies and wish you, each and all, great prosperity and success.
"An Fhírinne in aghaidh an tSaoil" is Irish Gaelic for "Truth Against The World" ("An Gwyr Erbyn an Bys" in Welsh). This was/is the motto for at least one of the 3-5 Druidic orders and has been used by some branches of the O'Doughertys as an alternate to the official clan motto, "Our Heritage".
And no, I can't imagine a better name than "Rick Rainbow". It's a fine name. Certainly better than Charles Philip Arthur George Windsor Schleswig-Holstein-Sonderburg-Glucksburg-Beck Saxe-Coburg-Gotha Weitzman von Hanover. Shorter too.
Michael Scott
An Fhírinne in aghaidh an tSaoil
5 April 2006
7 years 7 weeks
Thanks to you both for your kind words and your interest! But I'm sorry to say there's no new book imminent or planned at the moment, as I've been rather fed up with the whole fantasy business over the last couple of years, being hit by serious ill health, PO'd by dubious business types and the new breed of publishers, and the kind of crud with which they crowd out the shelves -- Da Vinci among them. Consequently I've retreated into my other great love, the classical music business. But times change, new ideas come,and if another publisher shows a sniff of interest I could easily be persuaded to have another stab (if not hack).
And incidentally, re another post,I always try to answer my fan mail in person -- eventually...
But to keep this on topic, for me -- among other things a lawyer -- the Da Vinci case has been pure entertainment, humbug suing humbug over which is the purest!
Cheers and best wishes,
Mike
4 May 2004
5 years 44 weeks
I predict that the judge, who may or may not be party to the aforementioned collaboration, will be smart enough to dismiss the case for those very reasons – it would create literary obstacles of monumental proportions. But as with every ‘situation’, one has to ask: “Who gains financially in the end should this case not be dismissed?” Following that trail, the legal system would be the end-run winner.
4 May 2004
5 years 44 weeks
He doesn’t answer his fan mail. It’s been three years since I sent him (through his publisher because even then I could find no way to contact him directly) kudos on his book. I did offer one critique thinking that, as with most authors, he’d appreciate both positive feedback and chances to improve. The disconnect in DVC for me was a disparity in Sophie's character. Specifically, her grandfather, having the big-picture perspective a Priory Grand Master would need, would never have raised such a close-minded and unforgiving granddaughter. This flaw, which makes her character less believable, seriously muddies the story line.
Also, I’m curious why he didn’t work in the theory that Jesus and Mary Magdalene both escaped to France and may have had more than one child, and that they possibly lived and were buried near Rennes le Chateau, and the theory that the tomb of Jesus or Mary was depicted in the painting 'Les bergers d'arcadie' by Poussin? Maybe he's saving that for his next book.
Other authors I’ve written to write back – why doesn’t Brown? For example, the author of “The Long Walk, The True Story of a Trek to Freedom”, Slavomir Rawicz, wrote a personal letter in his own handwriting and sent a copy of a drawing of the things his group of concentration camp escapees saw in the desert (the Yeti).
24 June 2004
5 years 50 weeks
I have a copy of this book and I love it.I am jealous that you have a letter from the author in his own writing.
The only author I ever wrote to was Arthur C. Clarke and he did not answer.
shadows
9 November 2005
6 years 8 weeks
Don't get discouraged about writing to authors. Sometimes the reason you do not receive an answer is they did not receive your letter the publishing house did or their secretary and did not forward the letter. This is not malicious it is simple human error. Keep writing the writer's worth their salt want the feed back and do write back.
24 June 2004
5 years 50 weeks
Unfortunately the authors of the books I mostly read are long dead.
shadows
13 May 2004
1 year 1 week
I think Leonardo Da Vinci should sue everyone for demafation.
yer ol' pal,
Xibalba
(This post was brought to you by "Realm of the Dead")
1 May 2004
3 years 27 weeks
If Jesus and Mary Magdalene had a child, would it have miraculous powers? If someone could prove they were descended from Jesus, would he or she have miraculous powers, or does the miracles gene get diluted over time?
9 November 2005
6 years 8 weeks
If there were descendents they probably would not say anything or practice in the open. Or maybe they have and have been thrown in Jail or Mental Hospital. While working at Napa State Hospital a Mental Hospital in California, one of the Patients said he was Jesus and the Doctors kept him medicated for delusional ideation. The weird thing is that he was nonthreating off medications. That was 17 years ago and he has since been released and who knows where he is now, but there you are.
J. K. Rowlings seems to think that the magical gene is dominate if I understand her writings. However we do think dilution occurs without careful selection of ones mate.
3 March 2006
7 years 12 weeks
The Baigent, Leigh claim is totally ludicrous and of course they know it. But it's always handy though to sell some extra copies of HBHG!
The thesis wasn't their idea to begin with. This whole story about Jesus and Magdala, has been known by the rosicruicans for ages.
This was the very reason why all the Cathars who of course also knew this were killed by the church.
Besides how can you claim a general concept as one of your your own?
Dan