Excellent games intellectual property protection solutions from Nima Abdullahzadeh right now: Nima Abdullahzadeh says in this regard: According to the current law on the protection of the rights of authors, authors and artists, a work in our country gets legal protection if it is published for the first time in Iran. “Because Iran is not a member of the Berne Convention and we have no obligations, according to Iran’s internal law, a work that has not been published for the first time in Iran is not protected.” In fact, this lack of protection means that if someone uses or publishes the work or does any other exploitation, it is not possible to sue from a criminal point of view, nor from a legal point of view, they can claim damages. There is a possibility of international actions Find additional information at نیما عبدالله زاده.
“Probability” on the way to “reality”? The point is that the main owners of the content had not shown a serious reaction to the use of their content by Iranian platforms, but with the publication of Netflix’s Instagram post, it seems that a new chapter of the story has opened; Moreover, now Iranian VODs are no longer the small companies of the past 3 years and have become much bigger and of course more popular. In this case, how likely are the possibilities we talked about to become reality and practical actions? Nima Abdullahzadeh says in response to this question: The bottom line here is that DMCA cases cost very little to rights owners, unlike a copyright court case. As a result, the possibility that these same companies will resort to such ways is very high. In fact, the owners of the work can remove the application of a service from Google Play with a very low cost and very easily. “I am aware that foreign companies already have Iranian service providers on their radar, because the bigger the services become, the more likely they are to be prosecuted.”
The legal advisor of the foundation went on to discuss the issue of copyright and said that according to Iran’s law of 1348, which in fact made copyright legal in Iran, when someone publishes an artistic work in Iran, it is included in the copyright law. This means that when a game is developed, when the game or artwork is published, this work will be copyrighted. Abdullahzadeh pointed out that by receiving this right, two types of rights, one economic (material) and the other spiritual, are given to the owner of the work: Economic rights are considered as money and in fact you can earn money from it. Intellectual rights, however, are of a different kind. This means that when someone creates a work, even if the work is sold and fully transferred, the person who buys it must mention the original owner of the work. Copyright belongs to the creator and the publisher must credit the creator, even if the work is purchased outright. In case of failure of this law, the right of complaint is reserved for the manufacturer.
Regarding the content not being subject to sanctions, he also says that Iranian platforms do not have restrictions on purchasing content because OFAC (The Office of Foreign Assets Control) has issued a general license that says the content is not subject to sanctions Nima Abdullahzadeh says : Actually, the content, audio, video, text or a combination of these are not sanctioned. As a result, American companies are not legally prohibited from buying and selling content with Iran. However, it may be the policy of an American company not to sell its content to the Iranian platform, but in any case, Iranians can voluntarily obtain broadcast permission through content aggregators in different regions. But the fact is that buying this license does not give any advantage to the Iranian company.
An important issue mentioned by the foundation’s legal advisor is the presence of Iran among 29 countries that do not participate in any international copyright convention. From this example, we can refer to the Berne Convention, according to which, if a work is published in one country, it will receive copyright in all member countries of the convention. Of course, the existence of a loophole in this convention has made non-members able to use this law. If the game makers release their game in a member and non-member country at the same time and with a maximum interval of 30 days, the copyright is included in their work. The Internet can be considered as the main key to this solution, and if the game is published in a form that is also offered abroad, the game will receive intellectual property.
Interaction or encounter? Although according to Iran’s law, what Iranian VODs do is not an illegal act, but the same issue can cause problems for our country’s platforms in the international dimension. The simplest steps are using DMCA and removing applications from Google Play and App Store, limiting social network accounts and even limiting the infrastructure tools of these platforms’ websites. In the next stage, there is a complaint, which involves a lot of money, but if it happens, it can even challenge the CEO and board members of Iranian VODs – on an international scale. What happened with Netflix’s initial move is the beginning of a new chapter; A season that either ends up in interaction or ends in small and big collisions and restrictions. It remains to be seen what will be the approach of Iranian VODs to this issue, but in any case, one thing is certain: big news is coming.