Nima Abdullahzadeh games intellectual property protection guides: 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. Find even more information at https://digiato.com/article/2019/10/07/%D9%86%D8%AA-%D9%81%D9%84%DB%8C%DA%A9%D8%B3-%DA%A9%D9%BE%DB%8C-%D8%B1%D8%A7%DB%8C%D8%AA.
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.
After presenting the headlines of the conference, Nima Abdullahzadeh explained the importance of intellectual property at the beginning of the speech and by explaining that intellectual property basically refers to anything that is created with thought, she said that basically a game is considered a constructive intellectual property that consists of components. There are different types and each game is an Intellectual Property (IP). Abdullahzadeh further added that by making games, game makers have in fact created IP, and if there were no copyright and intellectual property, there would be no game industry.
Nima Abdullahzadeh says: “Purchasing content from domestic companies is not logical. For example, as an Iranian company, you obtain an exclusive license to display content. But since Iranian law basically does not support that content, you cannot prohibit your competitor’s service provider who has not paid for the content from displaying the same content. As a result, from a commercial point of view, buying content weakens the Iranian company. Because the competitor can display it without paying.”
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.