Databases may incorporate database rights or copyright. In order
for database rights to subsist, there must have been substantial
investment in the obtaining, verifying or presenting the contents
of the database. In order for copyright to subsist, the database
must constitute the author's intellectual creation, by
reason of the selection and arrangement of the contents of the
database. Database rights were created further to the Database
Directive (Council Directive No. 96/9/EC), which also made
provision for database copyright. Certain questions concerning
these rights have been referred to the CJEU by the Court of Appeal
in the case of Football Dataco Ltd & 5 Ors v (1) Yahoo!
UK Ltd (2) Stan James (Abingdon) Ltd (3) Stan James Plc (4)
Enetpulse APS [2010] EWCA Civ 1380.
