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The Court of Justice has confirmed the Advocate General’s opinion (reported by Browne Jacobson) on copyright protection for football fixture lists. In its decision the court found that the determination of all the elements relating to a single football fixture (date, time, venue etc) is a data creation activity. As such, this activity is irrlevant in an assessment of whether the fixture list has copyright protection.
The decision represents a serious blow to Dataco, as there seems to be no scope now for the English court to find in their favour. Football fixtures lists (and similar listings) have already been found not to attract database right protection and now cannot, it seems, be adequately protected by copyright. All this, in circumstances where everyone agrees that the level of intellectual effort and skill in determining all the elements relating to a single match is significant.
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
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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.
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.
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.
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