Dan Brown is Vindicated, Plaintiffs Face Gargantuan Legal Bill

Posted on April 7, 2006

The British judge handed down his verdict in the Da Vinci Code copyright case and ruling in favor of Random House and Dan Brown. The Plaintiffs had been told repeatedly that they didn't have a case for copyright infringement against the author of The Da Vinci Code, but they didn't listen. And now, this is going to be one costly lesson.

After losing a copyright claim against Random House, the publishers of Dan Brown's The Da Vinci Code, Leigh, an American-born novelist and historian, and his colleague, Michael Baigent, have to make a down payment of �350,000 in the next 28 days. Even after that they will still owe �750,000 - plus their own costs, estimated in court at �800,000.

It was one of the most expensive mistakes in British legal history and Leigh, shell-shocked by the verdict, admitted that he had no idea how he would find the money. "I welcome any suggestions on that," he said. Baigent and Leigh had accused Brown of stealing the "central themes" and "architecture" of their 1982 book, The Holy Blood and The Holy Grail - a claim totally rejected by Mr Justice Peter Smith. Both books posit the theory that Jesus Christ married and had children with Mary Magdalene, the bloodline continuing to this day.

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After ordering the two men to meet 85 per cent of the costs of the publisher Random House, which coincidentally published both books, Mr Justice Smith asked how the two men were going to meet the bill. The answer was unclear, although their lawyer suggested that one of them might have to sell their house. At that point, James Abraham, QC, for the publisher, jumped up to say that it had never been his client's intention to bankrupt the two writers, or force anyone to sell their house. How else, asked the judge, are they going to pay?

The pair wrote the Holy Blood book with a third writer, Henry Lincoln, an Englishman who now lives in New Zealand. Lincoln, a former scriptwriter for Z Cars and Dr Who, has been as disparaging as his colleagues about Brown's book, but refused to subscribe to their lawsuit and did not attend the High Court hearing.

It looks like author Henry Lincoln gets the Legal Savvy Award of the year for refusing to be a part of that lawsuit.



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