Baigent & Anor v The Random House Group Ltd

Baigent & Anor v The Random House Group Ltd

The Court of Appeal held that, although some material from The Holy Blood and the Holy Grail was used in The Da Vinci Code, what was taken was too general and abstract to be protected by copyright. The so-called Central Theme was not a substantial part of the claimants' work, nor was it sufficiently original or expressed to qualify for protection. Therefore, there was no infringement of copyright.

Parties
Claimant/appellant: Michael Baigent; Claimant/appellant: Richard Leigh; Defendant/respondent: The Random House Group Limited
Jurisdiction
England and Wales
Judgment Date
28 March 2007
Procedural Posture
Civil Appeal (copyright Infringement) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed. Judgment for the defendant/respondent.
Legal Topics
Copyright Infringement, Literary Works, Substantiality, Ideas Vs Expression, Non Textual Copying
Intellectual Property Copyright Infringement Literary Works Substantiality Ideas Vs Expression Non Textual Copying

Case Brief

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Parties

Michael Baigent

Claimant/appellant

Richard Leigh

Claimant/appellant

The Random House Group Limited

Defendant/respondent

Procedural Posture

Civil Appeal (copyright Infringement) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the defendant's book (The Da Vinci Code) infringed the copyright in the claimants' book (The Holy Blood and the Holy Grail) by copying a substantial part of it, specifically a 'Central Theme' alleged to be expressed in the claimants' work.
  2. 2 Whether the material allegedly copied was on the ideas side or the expression side of the copyright line.
  3. 3 Whether the copied material, if any, constituted a substantial part of the copyright work.

Ratio Decidendi

The Court of Appeal held that, although some material from The Holy Blood and the Holy Grail was used in The Da Vinci Code, what was taken was too general and abstract to be protected by copyright. The so-called Central Theme was not a substantial part of the claimants' work, nor was it sufficiently original or expressed to qualify for protection. Therefore, there was no infringement of copyright.

Court Disposition

Appeal dismissed. Judgment for the defendant/respondent.

Orders

  • The appeal is dismissed.
  • No finding of copyright infringement.