Nima Abdullahzadeh games intellectual property protection solutions
Nima Abdullahzadeh games intellectual property protection advices: Nima Abdullahzadeh says in this regard: According to the current law on the protection of the rights of authors, authors and artists, a work in our country gets legal protection if it is published for the first time in Iran. “Because Iran is not a member of the Berne Convention and we have no obligations, according to Iran’s internal law, a work that has not been published for the first time in Iran is not protected.” In fact, this lack of protection means that if someone uses or publishes the work or does any other exploitation, it is not possible to sue from a criminal point of view, nor from a legal point of view, they can claim damages. There is a possibility of international actions Read additional details 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.
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.
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.
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.
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.