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IFHA

39TH INTERNATIONAL CONFERENCE

INTRODUCTION

LOOK BACK AT HOW IT ALL
STARTED

COURT PROCEEDINGS

EUROPEAN COURT OF JUSTICE

ADVOCATE GENERAL OPINION
– JUNE 2004

WHERE ARE WE NOW?

IFHA

39TH
INTERNATIONAL

CONFERENCE

INTELLECTUAL
PROPERTY OF

RACING DATA:
UPDATE ON THE

UK SITUATION

3 OCTOBER 2005

End of slide show, click to exit.

IFHA

39TH INTERNATIONAL CONFERENCE

INTELLECTUAL PROPERTY OF

RACING DATA: UPDATE ON THE UK SITUATION

3 OCTOBER 2005

INTRODUCTION

LOOK BACK AT HOW IT ALL
STARTED

COURT PROCEEDINGS

EUROPEAN COURT OF JUSTICE

ADVOCATE GENERAL OPINION
– JUNE 2004

WHERE ARE WE NOW?

Notes:

Topsy-turvy year
since I last spoke.

BHB case against
William Hill for breach of database right – Court of Appeal ruling generally
in BHB’s favour but reference to European Court of Justice; Advocate General
opinion in June 2004 again generally in BHB’s favour – then shock decision
from ECJ finding against BHB, with even worse judgement from Court of Appeal
– from perspective of an entity seeking to replace the statutory Levy with
the commercialisation of its database of racing information.

Notes:

Copyright Designs
and Patents Act 1988 – protection for original literary works – “sweat of the
brow” concept.

Problem in a number
of EU countries over directories of general or public information, where the
legal position was unsure.

Therefore the EU
issued a Directive in 1996 “on the legal protection of databases”.   Implemented in the UK under the Copyright
and Rights in Databases Regulations 1997 – new UK law.

Created new property
right in a database if there has been substantial investment in obtaining,
verifying or presenting the contents of the database.   Database right owner given the right to
prevent “extraction” – permanent or temporary transfer of database contents
to another medium by any means or in any form; and/or “Re-utilisation” –
making database contents available to the public by any means.

At first sight,
useful protection for collections of existing information into a database
where a substantial investment is made in obtaining,

verifying or
presenting etc and rights given to prevent transfer from one medium to
another, and/or making available to the public.

Notes:

WH website, once it
carried lists of runners in all GB races required a license.  WH refused.
Both UK and overseas websites.

To protect its
rights, BHB commences action; likelihood of other websites doing similar, so
need to establish precedent.

First instance
victory confirmation of existence of database right in overall database and
WH in breach of BHB’s database right.

WH predictably
appealed – Court of Appeal minded to follow Laddie, but as decision under EU
Directive, and “new law”, certain questions referred to ECJ.