Posted by Marie Poppins on October 20, 2023 in Games
Best games intellectual property protection methods with Nima Abdullahzadeh 2023: 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. See more details at نیما عبدالله زاده.
Nima Abdullahzadeh says in response: In this case, the work of the content owners becomes difficult, because first they have to see the content and collect documents. As long as they do not have someone in Iran, they cannot do such a thing. But it should be noted that foreign platforms cooperate with many law firms and it is not difficult to find an Iranian lawyer in these law firms to receive advice and find relationships in Iran to collect documents. This is the reason why many such platforms serve only with Iran’s IP and have made it impossible to access the content from outside. But can this issue be an obstacle to the possible events described?
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.
The legal expert, Nima Abdullahzadeh, says that such an action is highly unlikely because taking a case of copyright infringement to court costs between 300,000 and 500,000 dollars in the United States: “Foreign companies until they are sure that the money they spend will be returned or they will be hit.” They don’t do this if they enter the other side. Because the cost of copyright infringement complaints is a significant cost even for large companies. This is while the DMCA has a very limited cost and removes copyright infringing companies from platforms. According to the recent events, the owners of foreign works are certainly now considering their options, and it is not unlikely that the application of these services will be removed from Google Play as the first option.
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.
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.