QUESTION 1: Background Information - “The Holy Blood and the Holy Grail”
Answer: Michael Baigent, Henry Lincoln, and Richard Leigh, authors of The Messianic Legacy, spent over 10 years on their own kind of quest for the Holy Grail, into the secretive history of early France. What they found, researched with the tenacity and attention to detail that befits any great quest, is a tangled and intricate story of politics and faith that reads like a mystery novel. It is the story of the Knights Templar, and a behind-the-scenes society called the Prieure de Sion, and its involvement in reinstating descendants of the Merovingian bloodline into political power. Why? The authors of Holy Blood, Holy Grail assert that their explorations into early history ultimately reveal that Jesus may not have died on the cross, but lived to marry and father children whose bloodline continues today. The authors' point here is not to compromise or to demean Jesus, but to offer another, more complete perspective of Jesus as God's incarnation in man. The power of this secret, which has been carefully guarded for hundreds of years, has sparked much controversy. For all the sensationalism and hoopla surrounding Holy Blood, Holy Grail and the alternate history that it outlines, the authors are careful to keep their perspective and sense of skepticism alive in its pages, explaining carefully and clearly how they came to draw such combustible conclusions.
Website http://www.amazon.com/Holy-Blood-Grail-Michael-Baigent/dp/0440136482
Answer:With The Da Vinci Code, Dan Brown masterfully concocts an intelligent and lucid thriller that marries the gusto of an international murder mystery with a collection of fascinating esoteria culled from 2,000 years of Western history.
A murder in the silent after-hour halls of the Louvre museum reveals a sinister plot to uncover a secret that has been protected by a clandestine society since the days of Christ. The victim is a high-ranking agent of this ancient society who, in the moments before his death, manages to leave gruesome clues at the scene that only his granddaughter, noted cryptographer Sophie Neveu, and Robert Langdon, a famed symbologist, can untangle. The duo become both suspects and detectives searching for not only Neveu's grandfather's murderer but also the stunning secret of the ages he was charged to protect. Mere steps ahead of the authorities and the deadly competition, the mystery leads Neveu and Langdon on a breathless flight through France, England, and history itself. Brown (Angels and Demons) has created a page-turning thriller that also provides an amazing interpretation of Western history. Brown's hero and heroine embark on a lofty and intriguing exploration of some of Western culture's greatest mysteries--from the nature of the Mona Lisa's smile to the secret of the Holy Grail. Though some will quibble with the veracity of Brown's conjectures, therein lies the fun. The Da Vinci Code is an enthralling read that provides rich food for thought. --Jeremy Pugh
Website http://www.amazon.com/Da-Vinci-Code-Dan-Brown/dp/0385504209/sr=1-1/qid=1164802990/ref=pd_bbs_1/104-0624290-8127165?ie=UTF8&s=books
QUESTION 3: Research this case and write a summary in your own words outlining:
The initial claim and demands by Michael Baigent and Richard Leigh
Some key features of the case in relation to Copyright and Intellectual Property issues
The final court ruling, key issues supporting the court’s ruling, and consequences for the various parties involved.
Answer: The pair's main claim was that Mr Brown had lifted their idea that Jesus married Mary Magdalene, the couple had a child and his bloodline survived until the modern day.
Mr Baigent and Mr Leigh are clearly disappointed with the judge's dismissal of their claim.
However, the judge found that Dan Brown copied from their book The Holy Blood and the Holy Grail - but just not in a way that UK copyright law protects.
Mr Baigent and Mr Leigh remain committed to their case and are expected to appeal against the decision once they have fully digested the judgement in collaboration with their advisers
Mr Brown admitted to using the work while The Da Vinci Code was being written, but added it was used as one of several sources and did not use its central themes.
Website - http://news.bbc.co.uk/2/hi/entertainment/4888496.stm 3/12/06 10:15AM
QUESTION 4: Why was Sony (in its capacity as a Film company) so interested in the outcome of the case?
Answer: Sony could be liable for releasing the Da Vinci code if found fraudulent since it is based from the book
Website - http://news.bbc.co.uk/2/hi/entertainment/4888496.stm 3/12/06 10:15AM
QUESTION 5: On 07-April-2006, Jon Silverman, a legal affairs analyst for BBC News, discussed the impact of the case in relation to creative works. On the BBC News (International Version) website, find Silverman’s article – ‘No surprise’ in Da Vinci judgement. Outline the key issues raised by Silverman in relation to Copyright and creative works. Make sure you include the Website details of the Silverman article.
Answer:
Since there is no copyright in an idea, any claim for breach of copyright must rest on the way that the idea is expressed.
In this case, it was described as the "architecture" or "structure" of the work, The Holy Blood and the Holy Grail.
The plaintiffs claimed that this structure - the central theme - had been lifted by Dan Brown for the Da Vinci Code.
only hope for the plaintiffs in the Da Vinci case would have been to produce a detailed schedule showing on which pages of Dan Brown's book their ideas, language and structure had been plagiarised.
Under the Copyright, Designs and Patents Act 1988, the creators of literary, dramatic, musical and artistic works enjoy protection for original work if they can establish " a degree of labour, skill or judgement" in producing it.
That formula is crucial. The courts have denied protection to certain works, including some advertising slogans.
Once a work has been created, it will automatically be protected by copyright. No formal steps, such as registering it, need to be taken. Copyright in a literary work generally lasts for 70 years after the last remaining author of the work dies.
Website - http://news.bbc.co.uk/2/hi/entertainment/4888954.stm 3/12/06 10:45AM
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