Boost for papers in football fixtures row

The European court of justice yesterday ruled that the Premier League and Football League cannot demand payment from media and pools companies over publication of fixture lists and match information.

Legal experts said the ruling was a boost to national newspaper owners as they thrash out a new agreement with the leagues regulating media coverage of football matches. A press blackout was averted two weeks ago when the current agreement, due to expire on October 31, was extended.

However, a fresh round of talks broke up without agreement on Saturday and the temporary extension lapses at midnight on Friday.

The ECJ yesterday said professional football leagues could not charge for use of fixture, match and player information under the database rights directive. The directive protects databases of information, such as fixture lists. When a "substantial investment" is made in collecting the information to make that database, organisations such as the football leagues can charge media outlets for using the data.

However, the ruling stated that putting together fixture lists "do not require any particular effort on the part of the professional leagues" because they have invested in creating the data rather than collecting it.

The ruling comes at an impasse in negotiations between national papers and DataCo, set up by the English leagues to generate revenues from fixture lists and match information. DataCo wants up to 7% of net profits from national papers' fantasy football league competitions, which use data from league matches. It is one of several points of dispute threatening a press blackout.

Theo Savvides, partner in intellectual property litigation at law firm Osborne Clarke, said the ruling could undermine DataCo. The Premier and Football league declined to comment.