ECJ rules on acts of “Extraction” that infringe database right

Four years from the European Court of Justice's seminal rulings on database right in the British Horseracing Board and Fixtures Marketing cases, the Court has once again looked at the extent of protection this right affords. The earlier decisions had suggested the right was weak, with many databases not qualifying for protection and the extent of infringement required being difficult to meet. However, the ECJ's recent ruling in the Directmedia case (C-304/07) handed down in late-2008 is more positive for database owners. Adopting the reasoning of the Advocate General, the ECJ has clarified the types of acts which can constitute infringement of database right and confirmed they are broad in scope. The outcome and implications of the ruling are discussed below.