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Brown Wins Copyright Decision

By Gregon

The BBC is reporting that the judge has ruled in favour of Dan Brown and Random House in the London copyright court case (ruling against Michael Baigent and Richard Leigh, two of the three authors of Holy Blood, Holy Grail). Brown has been quoted as saying:

I’m pleased with today’s outcome, not only from a personal standpoint, but also as a novelist. Books are an important part of our culture, and this is a good day both for those who write and for those who enjoy reading.

It still looks like his next novel, The Solomon Key, is some way off with Brown saying “After devoting so much time and energy to this case, I’m eager to get back to writing my new novel.” A summary of the judge’s ruling is available here, which also has a link to the full ruling in PDF format.

Greg
Editor
Greg is the owner-editor of The Daily Grail, as well as the author of a number of books including Stop Worrying, There Probably is an Afterlife.
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12 Comments

  1. Much ado about…?
    At least this incident is behind us and with a favorable ruling as well.

    I think the most remarkable aspect of this case is that the final ruling was made available to the whole world within 24 hours of its publication. Globalization is truly upon us.

    However…

    In his ruling, Mr. Justice Smith said,

    It would be quite wrong if fictional writers were to have their writings pored over in the way DVC has been pored over in this case by authors of pretend historical books to make an allegation of infringement of copyright. I accept that if that was allowed to happen it would have a serious impact on writing. This case whatever its result would not have that impact in my view. However cases can be used for improper purposes. (Para 348, Page 67, Final Judgement, Baigent & Leigh v Random House)

    Huh? Let’s see if we can translate that. “If we allowed people to do what we are doing in this case, that would be wrong because it ‘…would have a serious impact on writing’ but not in this case unless this case was used improperly.” I again ask, “Huh?”

    If Justice Smith truly is of this mind, why then did he accept the case in the first place? Are British courts not allowed to reject spurious cases?

    While I’m truly glad this issue is resolved, I cannot but conclude that the strangest part of a very strange trial has been the trial itself.

    Michael Scott
    An Fhírinne in aghaidh an tSaoil

    1. Decisions, decisions
      “Authors of pretend historical books” … He got that right. And what kind of idiot must Dan Brown be not to know that HBHG was a pretend historical book? A very rich idiot, that’s what!

      1. Paradox
        If you look closely at footage of Dan Brown leaving the court, a copy of Greg Taylor’s The Guide to Dan Brown’s The Solomon Key is peeking out of his jacket pocket. Now that’s ironic. 😉

  2. Publicity Trial
    Interesting that even the judge saw fit to include this in his ruling:

    “4. By virtue of various mergers and acquisitions Random publishes both HBHG and DVC. Further a film production of DVC is apparently in the offing starring Tom Hanks with a scheduled release in May 2006. It is a testament to cynicism in our times that there have been suggestions that this action is nothing more than a collaborative exercise designed to maximise publicity for both books. It is true that the book sales of both books have soared during the course of the trial (in the case of HBHG it is said to be a tenfold increase).

    5. I am not in a position to comment on whether this cynical view is correct but I would say that if it was such a collaborative exercise Mr Baigent and Mr Brown both went through an extensive ordeal in cross examination which they are likely to remember for some time.”

    Peace and Respect
    Greg
    ——————————————-
    You monkeys only think you’re running things

    1. conspiracies again?
      Well, this is one conspiracy theory that does seem believable.

      Not the losers of this court case apparently have to pay the legal bills. Perhaps these are taken care of by Random House. If that should be the case, does Random House simply pay their own legal bills?

      Could be cheaper than paying for TV ads.

      1. And again
        Interesting that at the beginning of the court case, Richard Leigh was smoking cheap cigarettes, and at the end he was smoking rich Cuban cigars. Well, okay, I made that part up, but he does smoke.

        I’m sure Random House will be picking up the 85% of the legal costs Baigent and Leigh were ordered to pay. You’d hope so anyway, since RH orchestrated the whole circus.

  3. Huzzah!
    Can you hear the whooshy sound made by the collective sigh of relief breathed by writers across the world? I’m sure the more debauch of our species are drinking it up at the local right now, with nude shenanigans and much merriment to follow. It’s not every day we writers are allowed to run free.

    It was a kangaroo court, but I’m glad the sensible decision was reached. Some may think it’s permission for fiction writers to plagiarise and rip-off the hard work of others. That couldn’t be further from the truth if the truth was a restuarant at the end of the universe. Yes, there will be those who pillage and plunder academic works like dogs scavenging from a lion’s kill — but most writers, I like to think, are gentlemanly (and gentlewomanly) pirates, the honourable Highwayman of Alfred Noyes’ romantic visions. Yes, we may take your jewels and maidenhood, but we do so respectfully and we always allow you to return home alive and with a little dignity.

    As WB Yeats wrote, “Tread softly because you tread on my dreams.” I’ll be tip-toeing like a Bolshoi ballerina when researching my books, but I’m a literary pirate at heart. Ideas and theories pass like ships in thick fog — crewmembers, the scurvy dogs they are — jump ship, and when the fog clears, you’re usually left with half a crew you originally didn’t set sail with, and a different coloured sail. Sometimes you’re the one who’s transferred to a completely different ship. It’s why I sail the narrative seas. It’s unpredictable and vast, and story ideas come at you like icebergs from fog (and sometimes like cannonballs from the English Navy).

    One of my books is now something completely different to what I started out with several years ago — and that’s from reading. That’s what reading is supposed to do to you — reading another person’s book is meant to open your mind to other possibilities and ideas. Most people will put the book aside and go to bed because they have to get up early and go to work the next day. Others will stay up later and read more. And a few people will do something with what they’ve just read — such as making up stories. For most of us writers, we don’t get a choice about that, the ideas just fly at us like those cannonballs I told you about. Holy Blood Holy Grail was such a cannonball, an iceberg in the night. Should Admiral Dan Brown have anxiously wrung his tricorner hat in his hands, torn between crafting such a crazily controversial idea into a novel, or should he have turned out the light and gone to sleep because he had to teach a morning class the next day?

    Piratey metaphors aside, our writing may be fiction, but it’s firmly rooted in the real world. Academic (and pseudo) books are part of that world. If we can’t write about them — well, what can we write about? There are only so many Neil Gaimans, Terry Pratchetts and JK Rowlings in the world. The rest of us have harsher muses (and mistresses) who don’t bless us with such wickedly delirious imaginations. But then, even the Rowings and Pratchetts and Gaimans are influenced by what they read. if they stopped reading, they’d stop writing.

    There’s a decent way to go about writing fiction (treading softly) and a dastardly way (plagiarising). Most writers choose the decent way. Dan Brown did. Lewis Perdue did. So did Stel Pavlou, John Case, Dan Easterman, Alan Folsom, Matt Reilly, Ed Kovacs … and me (eventually).

    Perhaps, at the end of the day, Baigent and Leigh were more upset at the character Leigh Teabing and his dastardly (I love that word) ways. Perhaps if Leigh Teabing were the dashing hero with Sophie on his arm, and Robert Langdon were the villain …. hey, now there’s a story!

    Right, time to order Greg Taylor’s Guide to the Solomon Key and do some research. Muahahahaha ….

    Rick MG

    ps I had one hour sleep last night, on a hard floor, and sleep deprivation tends to make me think I’m a pirate yarrrr…

    1. Less sleep does you well
      Rico, yours is an extraordinary commentary and summary of the trial.

      The paragraph beginning, “As WB Yeats wrote…” is what writing once was and hopefully, will be again. I look forward to the day when you will have your moment in the sun and enrich us all with your thoughts and words. You may have reservations about your piratical tendencies but I intend to steal and use, “…ideas come at you like icebergs from fog” whenever possible. And, thanks to Justice Smith, there’s nothing you can do about it. Chortle!

      Yes, I too love the word “dastardly” but then I’m also a fan of Rocky and Bullwinkle.

      Finally, as far as “Guide to the Solomon Key” is concerned, yes, I can see a great novel here. Something on the order of a curator is found dead in the Smithsonian museum and Greg Tyler, a symbologist from Woolabong University is called in to assist Detective Soapie Viejo in the investigation which leads them to a secret society of former Clinton interns who operate a lollipop stand exactly 23 yards NE of the Washington Monument…

      Michael Scott
      An Fhírinne in aghaidh an tSaoil

      1. Personally
        I’d have the interns operate a cigar stand, but what do I know!

        You boys, Michael and Rick, are killing me.With laughter.I have been watching Rick for years and have seen the growth of him in his knowledge and wisdom.One day I will say,”I knew him before he was famous”.

        Rick I didn’t see Guide to the Solomon Key sticking out from Dan Brown’s pocket but I believe you.He must be looking for ideas.

        Greg Tyler….now there’s a name to inflame the imagination.I love it.

        shadows

        1. Muchos gracias
          Thanks Shadows. I’ve noticed quite a few Grail regulars (yourself included) grow and mature over the years, it makes me feel a little more responsible for what I post (but I still slip up and post the odd prostelytising rant every now and then). As Delmore Schwartz wrote, “In dreams begin responsibilities.” It goes to show TDG is a real community we all contribute to, and one I feel at home in.

          Anyways, I’m just a pale imitation of Michael’s razor-sharp wit, and I won’t even try to imitate the Master of Satire, Greg Taylor. I have a lot to learn, and am but a mere student. Uh oh, now I’m sounding more like a Jedi knight than a pirate. I’ll have to borrow Captain for a short while, to make my piratey-ness complete. Yarr.

          Thanks again Michael and Shadows for the encouraging words. It’s an unexpected but very welcoming morale boost. It makes me a better writer knowing I already have an audience to write for, one I respect and appreciate immensely. In dreams begin responsibilities, and it makes me tread softly.

          Eureka! I’ve just had a wild idea. I’ll write a satirical story ala the Da Vinci Code, but starring Daily Grail regulars. Perhaps we can all contribute a chapter each? I’ll write the first chapter over Easter, post it in my blog, and we’ll take it from there. What do you think?

          Like icebergs in the night,

          Rick

          PS Wouldn’t it be ironic if Random House offers me a contract? 😉

  4. Great idea Rick!
    I could relate my totally failed experimentation at undercover detective work a few years ago! As a spy I’d make a good submarine commander. I stuffed everything up and found out nothing!

    Regards, Kathrinn.

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