Premium games intellectual property protection solutions from Nima Abdullahzadeh today: Iranian VODs are not illegal in Iran: One of the most important points to be mentioned is that Iran is not a member of the ” Bern Convention ” [to protect literary and artistic works]. The Berne Convention obliges the member countries to protect the copyright of the works of the authors of other signatory countries as well as the works of their own authors. Nima Abdullahzadeh, a legal expert familiar with international issues, points out in a conversation with Digiato that because Iran is not a member of this convention, foreign works are not protected by copyright, and in principle, Iranian VOD platforms do not do anything illegal according to Iranian law. Read even more information on نیما عبدالله زاده.
But what you’ve read so far is only a small part of what can happen to copyright infringers. When the problem becomes more serious, the owner of the work may turn to infrastructure such as hosting, domain and CDN companies. Nima Abdullahzadeh explains: For example, maybe an Iranian platform is using the Cloudflare service or is using a foreign data center. Here, the type of treatment depends on the country where the company is located. For example, the policies of an American company differ from a Swiss company based on the laws of its country, but in general, there is a risk that companies providing infrastructure will block Iranian platforms because through the infrastructure, illegal work [according to the laws of the same company and country ] in processing.
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.
The content is not subject to sanctions: It is not known what percentage of foreign content in Iranian VODs has copyright. It is necessary to mention that Iranian platforms (according to themselves) pay copyright for part of the foreign content that is not sold to them – and the percentage is not known. But here Nima Abdullahzadeh points out two important points: on the one hand, the US Department of Treasury has not placed the content under sanctions and American companies are not prohibited from selling content to Iran, although perhaps the internal policy of a company (such as Warner) is to Do not sell the content to the Iranian company. On the other hand, the Iranian side does not gain commercial points by purchasing the content.
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.
Nima Abdullahzadeh: The industry is formed with income, and if there is no intellectual property, they are practically not a game industry either. At the beginning, I personally expected that this speech would be well received, considering the importance of the copyright issue in Iran and the world and the connection of this issue with the publishing of games in the world markets, but the reception cannot be considered acceptable.