Technology could circumvent ECJ copyright rules, experts say

A new piece of technology could allow UK pubs to use foreign satellite systems to show English Premier League games without violating copyright laws, according to legal experts.

The TV Ad Tech technology company said that its system is able to automatically detect and replace graphics and logos in transmission signals with advertising material. In October, the European Court of Justice advised the UK High Court that pub owners could be in breach of copyright law if they showed copyrighted elements – such as graphics and logos – within broadcasts without permission from the league.

“It does appear this might be the way forward,” legal expert Peter Coulson told the Publican’s Morning Advertiser. “It might be the way of avoiding copyright infringement. This is an interesting development. No-one can be definitive on this, though, as it is too early to tell.”

Daniel Geey, an associate for legal firm Field Fisher Waterhouse, said the system could provide a “short-term (riskier) fix,” but added that “it still needs to be assessed by the court what the actual infringing (copyrighted) material is.”

TV Ad Tech director Richard Konig said: “We have been testing this for the past couple of weeks and, as far as we can see, it would put those pubs that use foreign satellite in a position where they can carry on showing football without breaching the Premier League’s copyright. People have been asking us about this for a number of years now and for many reasons, mainly because they want to get their own promotions on screens during advertisement breaks.”

A Sky spokeswoman said that the broadcaster would “advise licensees to seek appropriate legal advice before using any device that claims to help avoid infringing copyright.”