Michael Baigent and Richard Leigh v. The Random House Group Limited

September 13, 2021 | 5:21 am


Authors Michael Baigent and Richard Leigh surfaced in 2004 with claims that Dan Brown had cribbed the “central theme” and “architecture” of their 1982 book The Holy Blood and the Holy Grail. Though Baigent and Leigh’s book was nonfiction and Brown’s The Da Vinci Code was fiction, they both boldly interpret the Holy Grail as being not a chalice but the bloodline of Jesus and Mary Magdalene, who they alleged had a child together.

Baigent and Leigh accused Random House—ironically, their own publisher, as well as Brown’s—for copyright infringement. A London court ruled, in 2006, that historical research (or “historical conjecture,” as was the case with The Holy Blood and the Holy Grail) is fair game for novelists to explore in fiction. “It would be quite wrong if fictional writers were to have their writings pored over in the way The Da Vinci Code has been pored over in this case by authors of pretend historical books to make an allegation of infringement of copyright,” wrote Justice Peter Smith in his decision.