Nima Abdullahzadeh games intellectual property protection guides: The blocking of movie download sites , the anger of the users of these sites , filing a complaint with Netflix, and finally Netflix’s unexpected and controversial response to the Iranian platform “Namava” was a chain of events that confronts Iranian platforms and their users with a serious question: if the real owners of the content And if the copyright holders want to react to what is happening in Iran, what options do they have in front of them? In this article, in a conversation with Nima Abdullahzadeh, legal expert familiar with international copyright cases, we answer this important question. Discover more information at نیما عبدالله زاده.
However, Nima Abdullahzadeh says there is also the possibility that the issue will go beyond the DMCA, or attempts to remove content from various platforms, and end up in court. In this case, the owner of the work sues the court for “Copyright Infringement”, which can create very serious challenges for people who are infringing copyright internationally. The first big challenge is that if the CEO or board members of these companies have dual citizenship, they are criminally and legally responsible in the second country, which is most likely a member of the Berne Convention. Abdullahzadeh says: In this case, the owners of the work can complain directly to each of these persons who have dual citizenship. Even the fact that the CEO and members of the board of directors do not have dual citizenship is still not an obstacle to file a complaint. They can file a lawsuit, but its outcome depends on various factors. But the most important point is that the vote is not enforceable in Iran. Finally, there may be restrictions for these people who cannot leave Iran . “Supposedly, the complaint can be made in Canada, and in this case, if the person enters Canada, he will be arrested and must pay the fine.
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.
Nima Abdullahzadeh, a business development consultant, explained the copyright laws in Iran and the world in a conference entitled “Protection of intellectual property rights of computer games”. One of the topics that is not given much attention in Iran is the issue of copyright or property rights, which becomes more and more important with the increasing development of interactive entertainment. Especially, the holding of B2B events has made the importance of copyright and the laws surrounding it to be seen more and more in Iran, and especially at the time of signing important contracts, we see problems in not respecting copyright in games. Of course, incomplete information about this important issue may be the reason why many game makers do not have accurate information about copyright laws and for this reason they make irreparable mistakes in the supply of their products in Iran and the world.