C published a non-fiction book, “The Holy Blood and the Holy Grail” based on proposition that Jesus’ bloodline had survived. D wrote the fictional thriller “The Da Vinci Code” based on same main idea. D had access to C’s book when writing Da Vinci Code, and C claimed for breach on grounds C had copied 15 Central Theme elements. Held:
· Parts allegedly copied by D were not protected by the literary work copyright subsisting in HBHG
Ø parts allegedly copied were merely general propositions at too high a level of abstraction to attract copyright
Ø thus fell on wrong side of ideas/expression divide
· In addition, what D had taken from C’s work wasnot sufficiently substantial to qualify for copyright protection
Ø the Central Theme was not a substantial part of HBHG
Ø was simply a selection of similar features compiled in order to give impression of copying
