Case Nos: IL-2023-000080 and IL-2024-000038 - [2025] EWHC 2561 (Ch)

Section 16(2) of the 1988 Act states that a copyright work is infringed by a person who, without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by s.16(1).

In the present claim, the restricted acts relied on are: (i) copying the relevant database (s.16(1)(a)), (ii) issuing copies to the public (s.16(1)(b)), (iii) communicating the database to the public (s.16(1)(d)) and (iv) making an adaptation of the database (s.16(1)(e)).

The allegations are made in respect of the whole or a substantial part of the database (s.16(3)). In Martin v Kogan [2019] EWCA Civ 1645 Floyd LJ observed at [41]:

Seen in the context of a compilation in the form of database, copyright according to the law at the relevant time protected the skill and effort involved in gathering together the data to create the database, including presenting the data in the manner used. It seems to me, following Martin v Kogan,that there is infringement by, for instance, copying, if a substantial part of that skill and effort was appropriated by the defendant by means of the copying.

Copying a database includes storing the work in any medium by electronic means (s.17(2)) and making a copy which is transient or incidental to some other use of the work (s.17(6)).