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SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013

The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software language and system for statistical analysis, together with supporting manuals. The defendants … Continue reading SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013

Football Dataco Ltd and Others v Sportradar Gmbh and Another: CA 29 Mar 2011

Matter referred to ECJ. The claimants sougt to restraiin alleged breach of database rights by the defendants in lists of Football League fixtures. Citations: [2011] EWCA Civ 330 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Football Dataco Ltd and Others v Sportradar Gmbh and Another ChD 17-Nov-2010 The claimants complained of alleged … Continue reading Football Dataco Ltd and Others v Sportradar Gmbh and Another: CA 29 Mar 2011

Football Dataco Ltd and Others v Yahoo! UK Ltd and Others: CA 9 Dec 2010

The claimants asserted ownership of copyright in football fixture lists as a database right. The defendant denied that they attracted any such right. The judge had found that significant skill and labour went into the preparation of the list. Held: The appeal failed in general, but the court referred a limited questiion to the ECJ … Continue reading Football Dataco Ltd and Others v Yahoo! UK Ltd and Others: CA 9 Dec 2010

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. Judges: Floyd J Citations: [2010] EWHC 2911 (Ch), [2011] ECDR 2, [2011] FSR 10, [2011] ECC 16 Links: Bailii Statutes: Directive 96/9/EC on the Legal Protection of Databases Jurisdiction: England and Wales Cited by: Appeal … Continue reading Football Dataco Ltd and Others v Sportradar Gmbh and Another: ChD 17 Nov 2010

Fixtures Marketing v Organismos prognostikon agonon podosfairou AE (OPAP): ECJ 9 Nov 2004

ECJ The term database as defined in Article 1(2) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases refers to any collection of works, data or other materials, separable from one another without the value of their contents being affected, including a method … Continue reading Fixtures Marketing v Organismos prognostikon agonon podosfairou AE (OPAP): ECJ 9 Nov 2004

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

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

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

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

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