0370 270 6000

Advocate General supports Yahoo in fight over football fixture lists

15 December 2011

Today, Advocate General Mengozzi delivered his opinion to the Court of Justice of the European Union (CJEU) on some “short” and “simple” questions referred to the CJEU by the English Court of Appeal in the case of Football Dataco Ltd and Ors v Yahoo! UK Ltd.

The Opinion relates to the scope of copyright protection for databases. The Opinion states that a database, including the likes of football fixture lists and TV listings, can only be protected by copyright if it is an original intellectual creation of its author. Any creative effort in determining the elements of the database is a data creation activity and so does not count.

AG Mengozzi’s Opinion, if followed by the CJEU, will be a blow to the creators of sporting fixture lists and similar databases. No matter how much creative effort goes into the difficult task of creating a set of sporting fixtures, copyright in the database will only subsist if the presentation of the database is also in some way creative.

Related opinions

Right to Work Checks: Changes from 6 April 2022

From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).

View blog

Are whistleblowers entitled to keep their employer’s confidential documents?

In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.

View blog

Important opportunity to comment on case law precedent

The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.

View blog

Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.

View blog

Mark Daniels

Mark Daniels

Partner and Head of Business Services

View profile

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up