The owners of the TV Ad Tech system — which is now available to suppliers and pub operators — claim it will pick up any graphics and sounds in a broadcast and replace them with alternative on-screen material.
The system has been developed following the QC Leisure case in February, when Lord Justice Kitchin ruled that the Premier League’s copyright had been breached in certain areas, such as its anthem and logo.
However, the judge also said that foreign satellite suppliers should be able to “carry on their business in a way that avoids infringement of the FAPL’s [FA Premier League’s] copyrights if they are able to do so”.
Earlier this year, it was suggested by two lawyers that the TV Ad Tech system “could be the way forward” for licensees who want to legally use foreign decoder cards to show live football in their pubs.
But in a statement, the Premier League said: “We will look at the Ad Tech system once it is available and see if it does what it claims to be able to.
“The use of it may be unlawful and we will take appropriate action against anyone who infringes the Premier League’s rights. Publicans, therefore, purchase and use this equipment at their own risk.”
Ad Tech director Richard Konig said the company had already shifted 500 units of the system, which will cost £700 in installation fees followed by a monthly usage charge of £60.
One supplier told the PMA he is currently in discussions about using the system. Chris de Hoedt, director of EuroTV, suspended trading in light of the QC Leisure ruling but expects to be back in business once a deal with TV Ad Tech has been agreed.
“This is the way forward. It covers all the legal angles,” he said.
However, one leading industry figure expressed concern over the system, and urged licensees to take legal advice before purchasing it.
“Any system that attempts to subvert copyright makes me very nervous indeed,” said Simon Johnson, chief executive of Business in Sport & Leisure (BISL) and consultant for Charles Russell solicitors, which specialises in sports law.
“Creating the facility for something to breach copyright is very dangerous under the [Copyright] Act and does not absolve licensees from a legal perspective.
“I would urge licensees to take any advice given to them by a supplier or TV Ad Tech with a pinch of salt, and take independent advice before installing a system like this.”