Now it is clear how to define whether service falls outside regulation on audio-visual services in Russia

Few weeks ago in Russia it was adopted the law on audio-visual services operating in Russia. In order to implement and execute the new law Russian Roskomnadzor has drafted and adopted the rules defining what an audio-visual service is, where mainly the users upload their videos. Roskomnadzor has defined the procedure and criterions.

Under the procedure the organiser of audio-visual service, providing the access to its service for payment or under condition of viewing an advertisement and having more than 100 thousands users, residing in Russia, a day, where mainly users of such service upload videos, must provide the supervising authority with information on its service whether under request or voluntary.

When supervising authority receives information from organiser of audio-visual service its uses criterion in order to define whether mainly users of such service upload videos. Provided information must comply with criterion. Authority has 30 working days to make decision. Its decision the authority publishes on its web-site. The organiser also must receive conclusion of supervising authority.

Little bit about criterion. First of all the users of a service must have opportunity to upload a video, to delete and/or edit uploaded video. The right holders should have opportunity to require deleting video infringing their copyright or uploaded without their consent.

The quantity of videos uploaded by users must be more than the quantity of videos uploaded by organiser of service and/or by third persons under licence agreement. Uploading and distribution of audio-visual works under agreements with right holders on pages of service is not a main purpose of creation and functioning of an audio-visual service.