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.” Read more details at 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.
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.
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.