Football DataCo

Discussion in 'Legal' started by EBIT, Dec 12, 2012.

  1. EBIT

    EBIT UKBF Newcomer Free Member

    29 0
    I am considering adding a competition to my website where each week people enter what they predict the correct scores will be for the upcoming round of matches and if they are correct they will win a cash prize. Entry will be free, however they will have to agree to receive some promotional emails in order to enter the competition which they will be able to unsubscribe from without it affecting their entry.




    The issue here is Football DataCo who charge any company/site/forum/blog to reproduce the fixture lists for the top 4 levels of English football.

    Football DataCo charges a standard fee for the reproduction of fixture lists, which currently stands at: £266 plus VAT to print the fixtures of one English club.

    Newspapers printing the fixtures of all clubs are be charged around £3,931 plus VAT by DataCo for a date ordered listing.


    I can't post relevant links to the information below without having 15 posts but it will all be easily searchable.


    Football DataCo have been in business for 11 years however their have been some recent developments in the licensing requirements for fixture lists which I would like to get a better understanding of this.

    It appears that recently there was a decision of the Court of Justice of the European Union dated 1 March 2012 in Case C-604/10 Football DataCo Ltd v Yahoo! UK Ltd & Others, it has been determined that neither copyright nor sui generis database rights subsist in the EU in fixture lists for the English and Scottish football leagues.

    From this I take it that I won't have to pay a fee to Football DataCo to run this competition on my website. Is this correct?
     
    Last edited: Dec 12, 2012
    Posted: Dec 12, 2012 By: EBIT Member since: Dec 12, 2012
    #1
  2. Websitehandyman

    Websitehandyman UKBF Ace Full Member

    2,158 535
    So whats to stop you combining this with your facebook page and just sending people their with the phase "go to our facebook page and predict the score for these the teams listed in their next game".

    Then on your facebook page you just list 4 teams one from each league. And give a link to where people can see who those teams are playing.
     
    Last edited: Dec 12, 2012
    Posted: Dec 12, 2012 By: Websitehandyman Member since: Nov 25, 2011
    #2
  3. EBIT

    EBIT UKBF Newcomer Free Member

    29 0
    I'm not entirely sure what you are suggesting there.

    It needs to be quick, easy and straightforward to enter or else it will be completely pointless as people won't bother to enter, return the following week or tell their friends about the competition. For something like this I would be willing to offer a substantial cash prize, possibly £1000 capped per week (multiple winners share the prize fund, a single winner scoops the lot).

    I have to work out the logistics so that one of the main things would be that a single individual can't easily enter a thousand times for example.
     
    Last edited: Dec 12, 2012
    Posted: Dec 12, 2012 By: EBIT Member since: Dec 12, 2012
    #3
  4. Websitehandyman

    Websitehandyman UKBF Ace Full Member

    2,158 535
    I'm saying instead of listing fixtures, just list the home teams.
     
    Posted: Dec 12, 2012 By: Websitehandyman Member since: Nov 25, 2011
    #4
  5. EBIT

    EBIT UKBF Newcomer Free Member

    29 0
    While there is merit in that it wouldn't work for my needs as it would look completely unprofessional and defeat the point of the whole exercise.

    I would pay the fee if I feel the competition will drive a substantial amount of new traffic to my site however it appears that with the recent ruling that I won't have to.
     
    Posted: Dec 12, 2012 By: EBIT Member since: Dec 12, 2012
    #5
  6. EBIT

    EBIT UKBF Newcomer Free Member

    29 0
    I heard back from Football DataCo and as I am based within the European Union then there is no requirement for me to purchase a fixtures license to reproduce the fixtures from the four UK professional football leagues.
     
    Posted: Dec 13, 2012 By: EBIT Member since: Dec 12, 2012
    #6
  7. The Resolver

    The Resolver UKBF Ace Full Member

    2,978 971
    I know you didn't ask but don't forget to check if you need a Gambling Commission licence (do people pay to play?) and the Pool Betting licence if the winnings are determined by the pool.
     
    Posted: Dec 14, 2012 By: The Resolver Member since: Mar 31, 2006
    #7
  8. Nappro

    Nappro UKBF Newcomer Free Member

    12 1
    Are you sure this is correct? You can reproduce football fixtures on your website without Football DataCo demanding some type of payment from you? If true this is a remarkable turnaround. Football DataCo (as I'm sure you know) was set up to extract revenue through it's claim on copyright of football fixtures. It has over the years forced many small websites to remove fixture information.

    A pool betting licence will cost you about £2000 per year. Depending on the benefit to your business it might be worth applying for a licence. There is a bit of form filling involved and checks but the process is fairly straight forward.

    One thing though, don't tell your bank about this. They will close your bank account. That is what happened to me.
     
    Posted: Dec 14, 2012 By: Nappro Member since: Oct 22, 2012
    #8
  9. EBIT

    EBIT UKBF Newcomer Free Member

    29 0
    There was a judgement against them and an appeal overruled this year that they can't charge someone to reproduce the fixture lists in certain jurisdictions most notably the EU however any live data feeds, player imagery, audio or audio-visual, club crest or league logo material is still protected and will require the appropriate permissions to be in place prior to their reproduction.
     
    Posted: Dec 17, 2012 By: EBIT Member since: Dec 12, 2012
    #9
  10. EBIT

    EBIT UKBF Newcomer Free Member

    29 0
    Entry will be free. Its simply a marketing strategy to encourage word of mouth and get people coming back the website on a regular basis. Realistically it should not be won more than 4 or 5 times a year.

    I have to look into the technical and legal aspects in more depth.
     
    Posted: Dec 17, 2012 By: EBIT Member since: Dec 12, 2012
    #10