Nima Abdullahzadeh games intellectual property protection advices: Although the work of VODs is not illegal inside Iran, in any case, the important point here is that Iranian sites and platforms are using tools or spaces that were developed outside the borders of Iran and in countries that are members of the Berne Convention. In response to the question of what possible international risks the use of copyrighted content creates for that platform, Abdullah Zadeh says: The fastest danger that threatens them is the removal of their applications in foreign stores such as Google Play or Apple’s App Store. On the other hand, Iranian platforms use other tools and services that originate from countries that are members of the Berne Convention. Basically, most of the used platforms are American. According to the DMCA ( Digital Millennium Copyright Act), these platforms are required to remove the content when their platform is abused and the copyright owner informs them, otherwise they are also responsible. Find even more details 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.”
Describing this issue as important, especially for foreign games, Nima Abdullahzadeh said: A work has copyright in Iran that has been published for the first time in Iran; A work published abroad and then released in Iran does not have copyright. This means that IP in Iran no longer has the above effect. Of course, this issue is not without a solution, and if the publishers publish their game in Iran at the same time, they will include copyright. As a result, Iranian publishers should be careful when entering the foreign market to offer their games simultaneously abroad and in Iran. According to the law, the works in Iran are included in the copyright law on the day of publication, the works must have been published for the first time in Iran.
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.
The computer game intellectual property rights protection conference in TGC 2017 also included topics on how to transfer IP, including Assigning and Licensing sections, as well as the possibility of transferring the game in a limited way and determining the countries in which your product can be sold. In the end, Abdullahzadeh said in response to a question regarding the duty to follow up on the violation of the copyright law that this duty in Iran is assigned to the right holder and Iranian developers must sign a non-disclosure agreement with publishers and all people in general. In other countries, this law is known as Non-disclosure agreement or NDA, and unfortunately, according to Nima Abdullahzadeh, it is not paid attention to in Iran. The TGC 2017 exhibition started on Thursday with the presence of 40 foreign speakers and 20 Iranian speakers and will end today, Friday.
One of the lectures that was very important at the TGC 2017 exhibition was the lecture by Nima Abdullahzadeh, a business development consultant, which was titled “Protection of intellectual property rights of computer games: an overview of copyright laws in Iran and the world”. Nima Abdullah Zadeh is currently working as a legal advisor of the National Computer Games Foundation. He advises Iranian developers and publishers of computer games in the field of intellectual property, tax planning and international regulations. Nima Abdullahzadeh has also been advising start-up businesses for many years to be able to be present in global markets despite international restrictions.