Football Dataco Ltd & Ors v Sportradar GmbH & Anor [2011] EWCA Civ 330 (29 March 2011)

Football Dataco Ltd & Ors v Sportradar GmbH & Anor [2011] EWCA Civ 330 (29 March 2011)

The English court has jurisdiction over the database right infringement claim because the particulars of claim allege sufficient facts to establish joint tortfeasorship with UK entities and users, satisfying the requirements for a cause of action under the autonomous meaning in Article 27 of the Brussels Regulation. The copyright claim fails as the alleged copied material is mere data, not protected by copyright. The question of where acts of extraction or re-utilisation occur under the Database Directive is not acte clair and is referred to the CJEU.

Citation
[2011] EWCA Civ 330
Parties
Claimant: Football Dataco Ltd; Claimant: The Scottish Premier League Ltd; Claimant: The Scottish Football League; Claimant: PA Sport UK Ltd; Defendant: Sportradar GmbH; Defendant: Sportradar AG
Jurisdiction
England and Wales
Judgment Date
29 March 2011
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From Chancery Division
Outcome
Defendants' appeal on jurisdiction dismissed; claimants' appeal on database right reference allowed in part; copyright claim fails; reference to CJEU on transmission issue; stay of direct liability claim pending reference; joint tortfeasorship claim not stayed.
Legal Topics
Database Right, Copyright, Jurisdiction, Brussels Regulation, Joint Tortfeasorship, Sui Generis Right, Internet Transmission, Pleading Standards
Intellectual Property Civil Procedure European Union Law Database Right Copyright Jurisdiction Brussels Regulation Joint Tortfeasorship +3 more

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Parties

Football Dataco Ltd

Claimant

The Scottish Premier League Ltd

Claimant

The Scottish Football League

Claimant

PA Sport UK Ltd

Claimant

Sportradar GmbH

Defendant

Sportradar AG

Defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From Chancery Division

Legal Issues

  1. 1 Whether the English court has jurisdiction over the defendants for alleged infringement of UK database rights and copyright in Football Live database
  2. 2 Whether the particulars of claim sufficiently allege a cause of action for database right infringement and joint tortfeasorship
  3. 3 Whether the act of transmission of data over the internet constitutes extraction or re-utilisation under the Database Directive, and where such acts occur for jurisdictional purposes

Ratio Decidendi

The English court has jurisdiction over the database right infringement claim because the particulars of claim allege sufficient facts to establish joint tortfeasorship with UK entities and users, satisfying the requirements for a cause of action under the autonomous meaning in Article 27 of the Brussels Regulation. The copyright claim fails as the alleged copied material is mere data, not protected by copyright. The question of where acts of extraction or re-utilisation occur under the Database Directive is not acte clair and is referred to the CJEU.

Court Disposition

Defendants' appeal on jurisdiction dismissed; claimants' appeal on database right reference allowed in part; copyright claim fails; reference to CJEU on transmission issue; stay of direct liability claim pending reference; joint tortfeasorship claim not stayed.

Orders

  • Defendants' appeal on jurisdiction dismissed
  • Claimants' appeal on database right reference allowed in part