ECJ Decides Scope of Database Directive

According to a (non-binding) press release by the European Court of Justice on November 9, 2004, "Neither the obtaining, verification nor presentation of the contents of a football fixture list or a schedule of horse races constitute substantial investment giving rise to protection against the use of the data by third parties. The definition of ?substantial investment? which gives rise to protection for the maker of a database against unauthorised acts of copying and distribution to the public covers only the work involved in seeking, collecting, verifying and presenting existing materials and not the resources used to create the materials which make up the database." The announcement follows four judgments concerning the Directive on the legal protection of sporting databases: C-338/02, C-444/02, C-46/02, C-203/02.