Football Dataco Ltd & others v YAHOO! UK Ltd, Court of Appeal

The High Court found that football fixture lists were not protectable under database right law. However, it found that such lists could be protected by copyright which applies to databases as copyright works in themselves, if such databases, by reason of the selection or arrangement of their contents, constitute the author’s own intellectual creation. The Court of Appeal considered that the ECJ’s position on database right law was clear, so refused to refer any questions on this. They did, however, refer the following questions: (1) In Article 3(1) of the Directive, what is meant by "databases which, by reason of the selection or arrangement of their contents, constitute the author's own intellectual creation"? (2) Does the Directive preclude national rights in the nature of copyright in databases other than those provided for by the Directive?

For the full text of the decision, click here.