Dan Brown - Copyright Infringement Cases

Copyright Infringement Cases

In August 2005, author Lewis Perdue unsuccessfully sued Brown for plagiarism, on the basis of claimed similarity between The Da Vinci Code and his novels, The Da Vinci Legacy (1983) and Daughter of God (2000). Judge George Daniels said, in part: "A reasonable average lay observer would not conclude that The Da Vinci Code is substantially similar to Daughter of God."

In April 2006, Brown won a copyright infringement case brought by authors Michael Baigent and Richard Leigh, who claimed that Brown stole ideas from their 1982 book Holy Blood Holy Grail for his 2003 novel The Da Vinci Code. It was in the book Holy Blood Holy Grail that Baigent, Leigh, and co-author Henry Lincoln had advanced the theory that Jesus and Mary Magdalene married and had a child and that the bloodline continues to this day. Brown even alluded to the two authors' names in his book. Leigh Teabing, a lead character in both the novel and the film, uses Leigh's name as the first name, and anagrammatically derives his last name from Baigent's. Mr Justice Peter Smith found in Brown's favor in the case, and as a private amusement, embedded his own Smithy code in the written judgment.

On March 28, 2007, Brown's publisher, Random House, won an appeal copyright infringement case. The Court of Appeal of England and Wales rejected the efforts from Baigent and Leigh, who became liable for paying legal expenses of nearly US$6 million. A contributing factor for the outcome of the case is that these authors presented their work as non-fiction, whereas fiction writers often draw upon non-fiction resources for content research.