The second instalment of the battle over The Da Vinci Code novel became a whodunnit first row at the High Court yesterday.
Michael Baigent and Richard Leigh are suing publishers, Random House, claiming the internationally successful novel by American Dan Brown lifts from their 1982 best seller, The Holy Blood And The Holy Grail (HBHG).
On day two of the trial in London of copyright infringe-ment claims, Mr Justice Peter Smith was told the ideas contained in the non-fiction work were not original anyway.
John Baldwin QC, representing the publishers, said the law of copyright did not protect general ideas.
Any themes similar in both books were known to Dan Brown before he had even read The Holy Blood book, said Mr Baldwin.
"Many of the ideas complained of are not even in both books, some are not even in either, so they cannot possibly have been copied from one to the other.
"In the main, the ideas complained of were not original to HBHG anyway."
He said the complaint was that HBHG discloses the conjecture that Jesus was married to Mary Magdalene, that they had children who survived and married into a line of French kings, that the lineage continues today, and that there is a secret society based in France which has the objective of restoring this lineage to the thrones not only of France but of other European nations as well.
Mr Baldwin said the writers claim these ideas - some of which appear in The Da Vinci Code - are protected by copyright. He went on: "We say the claim relies on and seeks to monopolise ideas at such a high level of generality they are not protected by copyright.
"The authors are seeking to monopolise information already in the public domain."
Mr Baldwin said the theme of the HBHG book, the Priory of Sion's objective was to restore Christ's descendants to the thrones of Europe, did not appear in Dan Brown's novel. "It is our case that this suggestion that the central theme (of The Da Vinci Code) is a synopsis or summary of the full contents of HBHG is demonstrably false."
He said one of the main differences between the themes of the novel and the non-fiction work was the treatment of the crucifixion of Christ.
The HBHG says it was faked and Jesus lived on.
"It is an important element in the book but has no part in
The Da Vinci Code," he added. The hearing was adjourned until next Tuesday so that Mr Justice Peter Smith can study both works and books and references used in their production. ..SUPL:
