The Da Vinci Code Trial
Dan Brown says he used the book The Holy Grail and the Holy Blood as a reference. So, does that mean that all nonfiction can not be used for writing a FICTIONAL story? What should writer’s reference? When I was doing research for a paper about The Da Vinci Code, I came across several books that were nonfiction that read like The Holy Grail and the Holy Blood–so shouldn’t those books be on trial too? Because,those books, too, are cashing in on The Da Vinci Code. Here’s an excerpt from The New York Times that I think many writer’s fear–
 Judge Asks Sharp Questions at Close of ‘Da Vinci Code’ Case
Mr. Rayner James insisted that he was not asking the court to establish a precedent. But the case is being closely watched here by copyright and media lawyers, who say that a victory by the plaintiffs could have wide repercussions for novelists, playwrights and others who use nonfiction works as background research.
“The concept that you can infringe copyright by taking what is presented as fact in a nonfiction book and weaving it into a novel could have very serious implications,” said Fiona Crawley, a lawyer specializing in intellectual property and copyright issues in the London office of the international firm Bryan Cave.
“All sorts of people write novels about historical events and go to nonfiction books for research,” Miss Crawley added. She used as an example Jack Higgins’s novel “The Eagle has Landed,” based on the historical conjecture that the Nazis considered trying to capture Prime Minister Winston Churchill from his country estate in Norfolk, England, during World War II.
“If someone had written a nonfiction book about that, are you saying that when Jack Higgins uses it as the basis to write a novel, he can’t do it without infringing the author’s copyright?” she asked.
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Overall, I just hope the movie is not affected by this trial. I think many people need to realize The Da Vinci Code is fictional. Yes, it tells a story that is controversial, but it also is a good read. To me, fiction is about letting your mind expand to ask “what if” and this book did that as well as what The Historian did. The Historian story discusses the existence of Dracula. Do I believe that Dracula exists… no, but it was fun wondering–”what if…”
