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 additional 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.”
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.
Abdullahzadeh further pointed to the differences between the copyright law in Iran and the United States and said that in Iran, the law deals with the violator who knowingly violates IP in a criminal manner and with a prison sentence. The copyright law in Iran is defined 30 years after the death of the last author and creator, and this right can be inherited. American law says that if an American work is used, it must be registered in a special system in order to use copyright laws. In Iran, the producer does not need to register a copyright and the works receive this right from the time of publication.
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.