Football Dataco Ltd & Ors v Brittens Pools Ltd (In Action 3222) & Ors [2010] EWHC 841 (Ch) (23 April 2010)

Football Dataco Ltd & Ors v Brittens Pools Ltd (In Action 3222) & Ors [2010] EWHC 841 (Ch) (23 April 2010)

The fixture lists do not attract copyright protection as databases because the skill and labour expended is directed to the creation of the data, not to the selection or arrangement of independent materials, and thus does not meet the originality threshold of the author's own intellectual creation under section 3A(2) CDPA 1988 and Article 3 of the Database Directive. Nor do the fixture lists qualify for sui generis database right, as the investment is in creating the data, not in obtaining, verifying, or presenting existing independent materials, as clarified by the ECJ in the Fixtures Marketing and British Horseracing Board cases.

Citation
[2010] EWHC 841 (Ch)
Parties
Claimant: Football Dataco Limited; Claimant: The Football Association Premier League Limited; Claimant: The Football League Limited; Claimant: The Scottish Premier League Limited; Claimant: The Scottish Football League; Claimant: P A Sport UK Limited; Defendant: Brittens Pools Limited; Defendant: Yahoo! UK Limited; Defendant: Stan James (Abingdon) Limited; Defendant: Stan James Plc; Defendant: Enetpulse ApS
Jurisdiction
England and Wales
Judgment Date
23 April 2010
Procedural Posture
Copyright and Database Right Infringement / Preliminary Issue Trial (fixture List Subsistence Issue)
Outcome
Claimants' claims for copyright and database right in the fixture lists fail on the preliminary issue.
Legal Topics
Copyright Subsistence, Database Directive, Originality, Sui Generis Database Right, Football Fixture Lists
Intellectual Property Copyright Law Database Rights Copyright Subsistence Database Directive Originality Sui Generis Database Right Football Fixture Lists

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Parties

Football Dataco Limited

Claimant

The Football Association Premier League Limited

Claimant

The Football League Limited

Claimant

The Scottish Premier League Limited

Claimant

The Scottish Football League

Claimant

P A Sport UK Limited

Claimant

Brittens Pools Limited

Defendant

Yahoo! UK Limited

Defendant

Stan James (Abingdon) Limited

Defendant

Stan James Plc

Defendant

Enetpulse ApS

Defendant

Procedural Posture

Copyright and Database Right Infringement / Preliminary Issue Trial (fixture List Subsistence Issue)

Legal Issues

  1. 1 Whether football fixture lists are original literary works under section 3A(2) CDPA 1988
  2. 2 Whether there has been substantial investment in obtaining, verification or presentation under Regulation 12 of the Database Regulations
  3. 3 Whether copyright subsists in the fixture lists irrespective of database status

Ratio Decidendi

The fixture lists do not attract copyright protection as databases because the skill and labour expended is directed to the creation of the data, not to the selection or arrangement of independent materials, and thus does not meet the originality threshold of the author's own intellectual creation under section 3A(2) CDPA 1988 and Article 3 of the Database Directive. Nor do the fixture lists qualify for sui generis database right, as the investment is in creating the data, not in obtaining, verifying, or presenting existing independent materials, as clarified by the ECJ in the Fixtures Marketing and British Horseracing Board cases.

Court Disposition

Claimants' claims for copyright and database right in the fixture lists fail on the preliminary issue.

Orders

  • Declaration that copyright does not subsist in the fixture lists as databases under section 3A(2) CDPA 1988.
  • Declaration that sui generis database right does not subsist in the fixture lists under the Database Regulations.