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

Subsistence turns on whether the Historic PAF was a copyright work in the form of a compilation under the law as it applied immediately before 1 January 1998. The only argument raised by the defendants against RMG’s case on subsistence was that none of the authors of the PAF had contributed sufficient skill or labour in the creation of the database which, it was stated in the defendants’ skeleton argument, would be explored in cross-examination.

The evidence from Messrs. Evans, Batchelor and Childes referred to above in relation to database right, which was not challenged, clearly establishes that copyright subsists in the Historic PAF. As with database right, the evidence also showed that the copyright is owned by RMG.