Baigent & Anor v The Random House Group Ltd (The Da Vinci Code)

Baigent & Anor v The Random House Group Ltd (The Da Vinci Code)

The claimants failed to establish that the 'Central Theme' as formulated was a protectable literary work or that it constituted a substantial part of HBHG. The Central Theme was found to be a collection of general ideas, facts, and conjectures, lacking the necessary originality, structure, or expression to attract copyright protection. Even if some language or material was copied, it was not a substantial part of HBHG. Therefore, there was no infringement of copyright.

Parties
Claimant: Michael Baigent; Claimant: Richard Leigh; Defendant: The Random House Group Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2006
Procedural Posture
Civil Copyright Infringement / Judgment After Full Trial
Outcome
Claim dismissed
Legal Topics
Copyright Infringement, Non Textual Copying, Literary Works, Originality, Substantial Part, Ideas Vs Expression
Intellectual Property Copyright Copyright Infringement Non Textual Copying Literary Works Originality Substantial Part Ideas Vs Expression

Case Brief

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Parties

Michael Baigent

Claimant

Richard Leigh

Claimant

The Random House Group Limited

Defendant

Procedural Posture

Civil Copyright Infringement / Judgment After Full Trial

Legal Issues

  1. 1 Whether The Da Vinci Code infringes copyright in The Holy Blood and The Holy Grail by copying a substantial part of its 'Central Theme'
  2. 2 Whether the 'Central Theme' as formulated by the claimants is protectable by copyright
  3. 3 Whether there was substantial copying of protectable material

Ratio Decidendi

The claimants failed to establish that the 'Central Theme' as formulated was a protectable literary work or that it constituted a substantial part of HBHG. The Central Theme was found to be a collection of general ideas, facts, and conjectures, lacking the necessary originality, structure, or expression to attract copyright protection. Even if some language or material was copied, it was not a substantial part of HBHG. Therefore, there was no infringement of copyright.

Court Disposition

Claim dismissed

Orders

  • The claimants' action is dismissed.