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Monday, April 10, 2006

The Da Vinci Code on Copyright

The high profile 'Da Vinci Code' court case where Author Dan Brown was charged with copyright theft when he wrote his controversial and mega-selling book has ended. The High Court has rejected claims that Dan Brown ripped off The Holy Blood and the Holy Grail.

Here are some information from the case on BBC.Com that is relevant to all writers, designers, thinkers, creators and idea generators.

"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."

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.

Dan Brown did use the previous book to write certain parts of his thriller, the judge decided, but did not substantially copy their work. A novelist must be free to "draw appropriately" from historical works without facing a court and having his integrity called into question, he said.

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."


Read more on source : BBC.Com

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