On 21 June 2012, Advocate General Cruz Villalón delivered his opinion in Case C-173/11: Football Dataco Ltd and Ors v. Sportradar GmbH and Ors regarding a question where the use of the content of a database protected by sui generis database right takes place.
It has been four months since the Court of Justice delivered its judgment in Case C-604/10 Football Dataco Ltd, and Ors. v Yahoo! And Ors. (see E.Derclaye’s comment here) holding that inter alia that “significant labour and skill of the author of the database cannot as such justify the protection of it by copyright under Directive 96/9, if that labour and that skill do not express any originality in the selection or arrangement of [...]
Summary & comment by Dr. Estelle Derclaye, Associate Professor and Reader in Intellectual Property law, University of Nottingham, School of Law.
“The crux of the judgment comes at paragraph 42 when the court clearly states that skill and labour in the selection or arrangement of the data, even if significant, is not sufficient as such to trigger copyright protection.”
This morning, the Court of Justice delivered its judgement in Case C-604/10, Football Dataco & others v. Yahoo UK ! & others and followed Advocate General Mengozzi’s opinion.The case concerned, yet again, football fixtures lists. The claimant (Football Dataco) argued that the lists were protected by copyright as databases [...]
Data creation, intellectual creation and creativity in the world of databases: The Advocate’s General Opinion in the Football Dataco Ltd v. Yahoo! Uk Limited Case and its potential impact in database copyright.
What is a database? Are database copyright protection and database sui generis protection completely independent? What is the creativity level for asserting that the selection of the disposition of a database contents is the «author’s own intellectual creation» or is creativity not a prerequisite for database copyright protection? Fifteen years after the adoption of the Database Directive, this odd creature in the copyright world, these questions are far from being resolved. E [...]