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Law Cases
Intellectual Property Law Cases
Copyright 3: Infringement Cases

Baigent and Leigh v The Random House Group Ltd [2007] EWCA Civ 247

Country:
United Kingdom
By Oxbridge Law Team
Held

  • Claimant published a non-fiction book, “The Holy Blood and the Holy Grail” based on proposition that Jesus’ bloodline had survived.

  • Defendant wrote the fictional thriller “The Da Vinci Code” based on same main idea.

  • Defendant had access to Claimant’s book when writing Da Vinci Code, and Claimant claimed for breach on grounds Claimant had copied 15 Central Theme elements.

Held

  • Parts allegedly copied by Defendant were not protected by the literary work copyright subsisting in HBHG

    • Parts allegedly copied were merely general propositions at too high a level of abstraction to attract copyright, thus fell on wrong side of ideas/expression divide

  • In addition, what Defendant had taken from Claimant’s work was not sufficiently substantial to qualify for copyright protection

    • The Central Theme was not a substantial part of HBHG

    • Was simply a selection of similar features compiled in order to give impression of copying

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