Football Dataco Ltd & Ors v Yahoo! UK Ltd & Ors

Football Dataco Ltd & Ors v Yahoo! UK Ltd & Ors

The Court of Appeal found that the subsistence of copyright under Article 3 of the Database Directive in football fixture lists is not acte clair and requires interpretation by the CJEU. The court held that no sui generis right subsists in fixture lists, following clear CJEU precedent. The court also doubted that national copyright can subsist in databases outside the Directive but referred the question to the CJEU for certainty.

Parties
Claimant/cross Appellant: Football Dataco Ltd; Claimant/cross Appellant: The Football Association Premier League Ltd; Claimant/cross Appellant: The Football League Ltd; Claimant/cross Appellant: The Scottish Premier League Ltd; Claimant/cross Appellant: The Scottish Football League; Claimant/cross Appellant: PA Sport UK Ltd; Defendant/appellant/cross Respondent: Yahoo! UK Ltd; Defendant/appellant/cross Respondent: Stan James (Abingdon) Ltd; Defendant/appellant/cross Respondent: Stan James plc; Defendant/appellant/cross Respondent: Enetpulse APS
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Civil Appeal (intellectual Property) / Court of Appeal Judgment With Reference to CJEU
Outcome
Reference to the Court of Justice of the European Union (CJEU) for preliminary ruling; no final determination on copyright subsistence in fixture lists.
Legal Topics
Database Directive, Copyright Subsistence, Sui Generis Right, Fixture Lists, Selection and Arrangement, National Copyright Post Directive
Intellectual Property Copyright Law European Union Law Database Directive Copyright Subsistence Sui Generis Right Fixture Lists Selection and Arrangement +1 more

Case Brief

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Parties

Football Dataco Ltd

Claimant/cross Appellant

The Football Association Premier League Ltd

Claimant/cross Appellant

The Football League Ltd

Claimant/cross Appellant

The Scottish Premier League Ltd

Claimant/cross Appellant

The Scottish Football League

Claimant/cross Appellant

PA Sport UK Ltd

Claimant/cross Appellant

Yahoo! UK Ltd

Defendant/appellant/cross Respondent

Stan James (Abingdon) Ltd

Defendant/appellant/cross Respondent

Stan James plc

Defendant/appellant/cross Respondent

Enetpulse APS

Defendant/appellant/cross Respondent

Procedural Posture

Civil Appeal (intellectual Property) / Court of Appeal Judgment With Reference to CJEU

Legal Issues

  1. 1 Whether football fixture lists attract copyright under Article 3 of the Database Directive (96/9/EC)
  2. 2 Whether a sui generis database right subsists in fixture lists under Article 7 of the Directive
  3. 3 Whether national copyright can subsist in databases outside the Directive

Ratio Decidendi

The Court of Appeal found that the subsistence of copyright under Article 3 of the Database Directive in football fixture lists is not acte clair and requires interpretation by the CJEU. The court held that no sui generis right subsists in fixture lists, following clear CJEU precedent. The court also doubted that national copyright can subsist in databases outside the Directive but referred the question to the CJEU for certainty.

Court Disposition

Reference to the Court of Justice of the European Union (CJEU) for preliminary ruling; no final determination on copyright subsistence in fixture lists.

Orders

  • Questions referred to the CJEU regarding the meaning of 'selection or arrangement' and 'author's own intellectual creation' under Article 3 of Directive 96/9/EC and whether the Directive precludes national copyright in databases.