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The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members web-sites. The defendant denied that it required such a licence, saying that the arrangement required, in effect, double licensing. Judges: Sir … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011

The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they needed a licence for the purpose. Held: The members of PRCA required licences from the claimants in order lawfully to receive … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010

British Horseracing Board Ltd and Others v William Hill Organization Ltd: CA 31 Jul 2001

The Board had established a database of information about horse racing. It was costly. The defendants recovered the information from a licensed user, and used it for its own business purposes. It was not suggested that the licensee had any right to sub-licence the data. The Board had succeeded, at first instance, in arguing that … Continue reading British Horseracing Board Ltd and Others v William Hill Organization Ltd: CA 31 Jul 2001

Freistaat Bayern v Verlag Esterbauer: ECJ 29 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Legal protection of databases – Directive 96/9/EC – Article 1(2) – Scope – Databases – Topographic maps – Independence of materials constituting a database – Possibility of separating those materials without affecting the value of their informative content – Account taken of the purpose of a … Continue reading Freistaat Bayern v Verlag Esterbauer: ECJ 29 Oct 2015

Football Dataco Ltd and Others v Sportradar Gmbh and Another: ECJ 18 Oct 2012

ECJ Directive 96/9/EC – Legal protection of databases – Article 7 – Sui generis right – Database relating to football league matches in progress – Concept of re-utilisation – Localisation of the act of re-utilisation R. Silva de Lapuerta, acting as P [2012] EUECJ C-173/11, ECLI:EU:C:2012:642, [2013] FSR 4 Bailii Directive 96/9/EC Citing: Opinion – … Continue reading Football Dataco Ltd and Others v Sportradar Gmbh and Another: ECJ 18 Oct 2012

Football Dataco Ltd and Others v Sportradar Gmbh and Another: ChD 8 May 2012

Floyd J [2012] EWHC 1185 (Ch) Bailii Directive 96/9/EC on the Legal Protection of Databases England and Wales Citing: See Also – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 17-Nov-2010 The claimants complained of alleged breach of database rights claimed by the claimants in their lists of football match schedules. . … Continue reading Football Dataco Ltd and Others v Sportradar Gmbh and Another: ChD 8 May 2012

Innoweb v Wegener ICT Media BV: ECJ 19 Dec 2013

ECJ Directive 96/9/EC – Legal protection of databases – Article 7(1) and (5) – Sui generis right of the database maker – Concept of ‘re-utilisation’ – Substantial part of the contents of the database – Dedicated meta search engine T. von Danwitz C-202/12, [2013] EUECJ C-202/12 Bailii Directive 96/9/EC European, Intellectual Property Updated: 28 November … Continue reading Innoweb v Wegener ICT Media BV: ECJ 19 Dec 2013

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

Football Dataco And Others v Yahoo UK Ltd etc: ECJ 15 Dec 2011

ECJ Opinion of Advocate General Mengozzi – Directive 96/9/EC – Legal protection of databases – Football league fixture lists – CopyrightNo copyright subsisted in databases set up according to technical considerations, rules or constraints which left no room for creative freedom; but databases which involved free and creative choices resulting in a personal stamp were … Continue reading Football Dataco And Others v Yahoo UK Ltd etc: ECJ 15 Dec 2011

Apis-Hristovich v Lakorda AD (Approximation Of Laws): ECJ 5 Mar 2009

apishristovichECJ2009 Europa Directive 96/9/EC Legal protection of databases – Sui generis right – Obtaining, verification or presentation of the contents of a database – Extraction – Substantial part of the contents of a database – Database containing official legal data.APIS had collected a database of legal materials. They alleged unlawful extraction and re-utilisation by the … Continue reading Apis-Hristovich v Lakorda AD (Approximation Of Laws): ECJ 5 Mar 2009

The British Horseracing Board Ltd and Others v William Hill Organization Ltd: ECJ 9 Nov 2004

bhb_whECJ2004 The claimant sought to prevent re-use by the defendant of information from its horse racing subscription service. They claimed that they had a database right in the information. It cost andpound;4m per year to assemble. Held: The expression ‘investment in . . the obtaining . . of the contents’ of a database in Article … Continue reading The British Horseracing Board Ltd and Others v William Hill Organization Ltd: ECJ 9 Nov 2004

Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995

bosmanECJ1995 A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the party concerned could not put forward … Continue reading Union Royale Belge des societes de Football Association and others v Bosman and others: ECJ 15 Dec 1995

Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright existed. Held: The process involved considerable effort and was not deterministic. The Directive seeks to harmonise copyright … Continue reading Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010

HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

Defence had no prospect of success – Struck Out The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment. Held: Warby J said: ‘There are two main questions … Continue reading HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

Ryanair v PR Aviation BV: ECJ 15 Jan 2015

ryanair_prECJ201501 ECJ Judgment – Reference for a preliminary ruling – Directive 96/9/EC – Legal protection of databases – Database not protected by copyright or the sui generis right – Contractual limitation on the rights of users of the database R. Silva de Lapuerta, P C-30/14, [2015] EUECJ C-30/14, [2015] WLR(D) 9, ECLI:EU:C:2015:10 Bailii, WLRD Directive … Continue reading Ryanair v PR Aviation BV: ECJ 15 Jan 2015