Football Dataco Ltd & Ors v Brittens Pools Ltd (In Action 3222) & Ors
The fixture lists are protected by database copyright because their creation involves sufficient selection and arrangement of data to constitute the author’s own intellectual creation, but they are not protected by sui generis database right as the investment is in creating, not obtaining, verifying, or presenting existing data. No other copyright subsists outside the database context.
- 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 / Judgment on Preliminary Issue (fixture List Subsistence Issue)
- Outcome
- Fixture lists are protected by database copyright but not by sui generis database right or any other copyright.
- Legal Topics
- Database Copyright Subsistence, Sui Generis Database Right, Originality in Copyright, Selection and Arrangement in Databases
Case Brief
Summary, issues, holding and outcome
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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 / Judgment on Preliminary Issue (fixture List Subsistence Issue)
Legal Issues
- 1 Whether football fixture lists are protected by copyright as databases under UK law implementing the Database Directive
- 2 Whether fixture lists attract sui generis database right under the Database Directive
- 3 Whether copyright subsists in fixture lists irrespective of database status
Ratio Decidendi
The fixture lists are protected by database copyright because their creation involves sufficient selection and arrangement of data to constitute the author’s own intellectual creation, but they are not protected by sui generis database right as the investment is in creating, not obtaining, verifying, or presenting existing data. No other copyright subsists outside the database context.
Court Disposition
Fixture lists are protected by database copyright but not by sui generis database right or any other copyright.
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