Using publicly available data? It might be protected by database rights

A recent High Court decision has sent a clear message to any business that builds or relies on data: using someone else’s information with no permission isn’t innovation, it’s infringement. In the IDDQD and Royal Mail v Codeberry case, the court found that a company had unlawfully copied and reused address and postcode data from a licensed database without permission. The judge confirmed that the data was protected by both copyright and database rights, and that the defendant’s actions amounted to infringement. 

The ruling concerned the use of address and postcode data, but the principles apply much more widely. Whether you are running an ecommerce platform, developing a SaaS product, or building an AI model, if your service depends on external data, you need to understand where that data comes from and what rights attach to it. 

When 'publicly available' doesn’t mean 'free to use' 

One of the key lessons from the judgment is that data can be protected even when it looks freely accessible. Just because information is online, or obtainable through a third-party feed, doesn’t mean you can download, copy or reuse it in your own systems. 

The law recognises databases as valuable intellectual property. Copying or reusing them without the right licence can breach database rights, and in some cases, lead to personal liability for directors who authorise that misuse. 

The commercial risks are real 

For fast-moving tech businesses, compliance can seem like a formality. But when data is at the core of your product, getting this wrong can have serious commercial consequences. 

A claim for data misuse doesn’t just bring legal costs. It can disrupt contracts, delay launches, and damage reputation. In some cases, courts have awarded additional damages where the misuse was found to be reckless or deliberate. 

How businesses can protect themselves 

There are practical steps every data-driven business should take: 

• Audit your data sources – make sure you know where your information comes from and under what terms you’re using it. 

• Review your licences – check that your agreements allow for your intended use, especially if you’re scaling or repurposing data. 

• Train your team – ensure developers and operations staff understand the limits of your data rights. 

• Seek advice early – it is easier (and cheaper) to structure your data use properly at the outset than to defend an infringement claim later. 

Jill Bainbridge, Head of Intellectual Property at Harper James comments:

Businesses that use or rely on data need to be certain they have the proper rights to do so. Copying, extracting or reusing data without permission can amount to infringement, even where the information appears to be publicly available. 

At Harper James, we help our clients navigate these issues with clarity. Our focus is on protecting their intellectual property, ensuring compliance and allowing them to make the most of their data with confidence.