Nima Abdullahzadeh games IP protection methods: The use of a tool called DMCA, which happens to cost very little to the owners of the work, is not limited to application hosting platforms like Google Play. In this case, the owner of the work can also target the content of social networks such as Twitter and Instagram of Iranian companies. There is even a possibility that these accounts will be closed. However, Nima Abdullahzadeh says that the most effective use of the DMCA will be related to the Google search engine: “Right holders can remove the link to the infringing content from Google search. Suppose an Iranian VOD platform searches for a word like “Avengers” on the first page of Google. The owner of the work can request Google to remove the links. It’s not just a matter of removing links, but SEO and the ranking of that site in Google will fall.” Find additional 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.
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.