Top rated games intellectual property protection solutions from Nima Abdullahzadeh right now: 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.” See more information 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.
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 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.
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.