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Regulation

Consideration of applications of rights holders and / or persons authorized by the copyright holder related to the placement of user content on the MATRYOSHKA website

Regulations for consideration of applications of copyright holders and/or persons authorized by the copyright holder related to the placement of user content on the MATRYOSHKA website

These Regulations for the Consideration of applications from copyright holders (and/or persons authorized by the copyright holder) related to the placement of content by users on the MATRYOSHKA website (hereinafter referred to as the "Regulations") formalize the relationship between:

  • Copyright holders (legal entities or individuals who own the exclusive right to use an audiovisual work and/or content, including from the original materials of audiovisual works provided to the Administration, the right to use which belongs to them within the framework of interaction and cooperation, as well as in order to protect the rights of the Copyright Holders to use these audiovisual works and/or content (hereinafter referred to as the "Copyright Holder" or "Applicant"), and

  • IT CORPS LLC (location: Russian Federation, 355001, Stavropol Territory, Stavropol, ul. Lesnaya d.157, k.2, of.17.), the Administration of the MATRYOSHKA Website (hereinafter referred to as the "Administration" and the "Site", respectively), providing an unlimited number of persons with the opportunity to upload, post, store, view, promote and perform other actions in relation to Content (audio, video and other multimedia materials, including audiovisual works, graphic and text materials, including user profiles, comments, texts, etc., uploaded/ posted, and by an individual using any of these features of the MATRYOSHKA Website (hereinafter referred to as "User")).

The Administration unconditionally respects the rights of Authors and Copyright Holders and consistently adheres to the principles of active cooperation with Copyright Holders (acting in turn in good faith and legally) and promotes the development of a legitimate Internet environment in which conditions are created that prevent the violation of exclusive rights, and also consistently encourages Users to respect the intellectual property of Copyright Holders, and prevent illegal use of intellectual property rights.
In pursuance of these principles, The User Agreement of the MATRYOSHKA Website, posted at: https://matreshka.tv/footer/rules/terms contains the relevant conditions prohibiting the placement and other illegal use of intellectual property objects using the Site, in case of violation of which the Administration has the right to unilaterally terminate user access to the Site and its services.

With regard to the protection of intellectual rights in connection with user Content on the Website of IT CORPS LLC, IT acts as an Information intermediary (the owner of an information resource on the Internet, on which audiovisual works are placed mainly by Internet users and who does not choose the recipient of this information, does not affect the integrity of such transmitted information and due to the specifics of the status of the Information Intermediary (registry entry ) is not responsible for the actions of third parties, allowing violations of the current Russian legislation) and in accordance with Article 1253.1 of the Civil Code of the Russian Federation and Article 15.7 of the Federal Law "On Information, Information Technologies and Information Protection" takes measures to prevent the relevant violations on the statements of copyright holders.

A person acting on behalf of the Copyright Holder, and possessing only non-exclusive licenses for the use of audiovisual works and/or Content, the placement of which on the Site, in the opinion of such a person, is illegal, in addition to the documents and information provided for by these Regulations, undertakes to provide the Administration with proper documentary evidence certifying such authority to represent the interests of the Copyright Holder.

1. General provisions

1.1. This Regulation is an official document of the Administration and defines the Administration's policy regarding the settlement of conflicts arising in connection with the Content posted by Users on the Site, as well as defines the rights and obligations of the Administration, third parties (and, if applicable, Site Users) in the process of resolving such conflicts.

1.2. If the Rightholder (or a person representing his interests) discovers Content on the Site, the rights to use of which belong to the Rightholder and the use of which, in the opinion of the Rightholder, is illegal, the Rightholder must be guided by the provisions of these Regulations. In the absence of the necessary amount of information about the alleged violation and ownership of the rights of the Copyright Holder, the Administration will not be able to properly respond to the statement of the Copyright Holder.

1.3. Using the Site https://matreshka.tv / (including mobile applications) is governed by the User Agreement of the MATRYOSHKA Website, these Regulations, the Privacy Policy and other rules officially posted on the Website and its subsections.

1.4. When considering applications in accordance with these Regulations, the Administration adheres to the principles of:

  1. 1.4.1. Legality and Promoting the development of a legitimate Internet environment in which conditions are created that prevent the violation of exclusive rights: at the same time, the Administration and Copyright Holders (and persons acting on their behalf) should be fully aware that the Information Intermediary, by virtue of its status, is not legally obligated to monitor information that is posted, transmitted or stored by Users on the Site, as well as to actively search for facts or consequences indicating illegal activity. Moreover, the Administration does not have the right to assume the functions of law enforcement or judicial authorities and is unable to objectively assess the placement of certain Content by Users on the Site for legality and non-infringement of the rights of third parties. In the event of a dispute and the impossibility of its settlement within the framework of these Regulations, the Applicant must be guided by the current provisions of applicable Russian legislation.

  2. 1.4.2. In case of receiving an appropriate official request from the Copyright Holders and/or authorized state bodies with information about:

    • domain names and (or) indexes of pages of sites on the Internet containing information, the distribution of which is prohibited in the Russian Federation;

    • network addresses that allow identifying sites on the Internet containing information whose dissemination is prohibited in the Russian Federation;

    The Administration, in accordance with the procedure and terms provided for by the current legislation and these Regulations (if applicable), restricts access to such information resources on which information distributed in violation of the law is posted on the links indicated by such applicants.

  3. 1.4.3. Presumption of good faith of the user

    • The copyright holders, when submitting relevant statements about the discovery of an alleged violation of their rights, undertake to act in good faith, and also indicate in the statements reliable information about the existence of rights in relation to audiovisual works and that the Content or information necessary to obtain it is placed (used) without the permission of the copyright holders and, as they honestly believe, without otherwise legal basis;

    • The application procedure provided for in these Regulations should not be used to create obstacles to the legitimate distribution of Content. The copyright holder submitting the application to the Administration acknowledges and confirms that the Content in respect of which the application is being submitted was posted on the Site by the User illegally;

    • If a third party submits claims and (or) claims to the Administration in connection with the unlawful filing of an application by the Rightholder, the Rightholder will be obliged to independently settle such claims (claim), and if it is impossible to settle such claims (claim) and a third party files a claim against the Administration, he is obliged to take part in the case on the side of the Administration and, if the Court will recover damages from the Administration caused by the actions of the Copyright Holder, then such a Rightholder is obliged to immediately reimburse the Administration for the amount of any losses (direct and indirect), as well as to reimburse, within reasonable limits, the court costs incurred by the Administration to participate in this trial, and losses in accordance with the procedure provided for in Article 406.1 of the Civil Code of the Russian Federation in connection with the Administration's consideration of the Rightholder's application.

2. Statements about the placement of content in violation of the law

2.1. Any Copyright Holder of objects of copyright or related rights (hereinafter referred to as the Applicant), in case of detection of Content posted by Users on the Site without his permission or other legal basis, has the right to apply to the Administration with a statement of violation of his copyright and (or) related rights to the Content.

2.2. The application is submitted to the Administration by the Applicant by filling out a special application form located at: copyright@matreshka.tv

2.3. An appeal in this way to the Administration is considered an appeal in electronic form for the purposes of compliance with the requirements of Article 15.7 of the Federal Law "On Information, Information Technologies and Information Protection".

2.4. The application for violation of the rights and legitimate interests of the Applicant to the Administration must be reasoned and contain the following reliable information mandatory to specify:

  • The name of the applicant (indicating the organizational and legal form), the main state registration number, address, contact information (phone and/or fax numbers, e-mail address) – for the applicant – a legal entity;

  • Surname, first name, patronymic (if any) of the applicant, passport data (passport series and number, issued by whom, date of issue), contact information (phone and/or fax numbers, e–mail address) - for the applicant – an individual;

  • Information about an audiovisual work posted (used) on an Internet site, in the applicant's opinion, without the permission of the copyright holder or other legal basis;

  • The index of the website page on the Internet containing an audiovisual work (its fragment) or the information necessary to obtain it, placed, in the applicant's opinion, lawfully;

  • The index of the website page on the Internet (i.e. the URL of the Website page) containing an audiovisual work or information necessary to obtain it, posted (used), in the applicant's opinion, without the permission of the copyright holder or other legal basis. One Application may contain pointers to several pages of the website (sites) on the Internet on which an audiovisual work is posted (used) or information necessary for its receipt is posted;

  • An indication of the absence of the copyright holder's permission to place (use) an audiovisual work or information necessary to obtain it on the website on the Internet;

  • Grounds for establishing the fact of violation (including copies of title documents, including a power of attorney issued by the copyright holder, if the applicant is not one, a rental certificate, a license agreement, a certificate of a national film, etc.);

  • The applicant's consent to the processing of his personal data - for the applicant - an individual;

  • The applicant's consent that a false accusation of copyright infringement and (or) related rights may lead to the applicant being held liable under the current legislation of the Russian Federation;

  • The applicant's consent to compensate the Administrator of the Internet Service for any losses (direct and indirect), as well as to compensate for losses in accordance with the procedure provided for in Article 406.1 of the Civil Code of the Russian Federation, in connection with the consideration by the Administrator of the Internet Service of the applicant's application;

  • If the Application is sent not by the Copyright Holder (but by a person holding only non-exclusive licenses for audiovisual works and/or Content, the legality of the placement of which is disputed) and/or not by a participant in the Memorandum who has the right to use the audiovisual work, but by an authorized person, a scanned copy of a power of attorney or other document confirming it is attached to the Application powers;

  • The Applicant has the right to attach other information in addition to the above information and documents, including links to official resources indicating that the rights to the disputed audiovisual work and/or Content belong to the Applicant;

2.4. Due to the technical limitations of the web form, the Applicant needs to make sure that the limit of possible characters is not exceeded. The Administration is not responsible for failure to take measures with respect to the disputed audiovisual work and/or Content at URLs beyond the specified limit in the event of a technical failure in the transmission of relevant information to the Administration.

2.5. The size of each electronic file attached to the application must not exceed 250 (two hundred and fifty) megabytes. By submitting an application in accordance with the procedure provided for by these Regulations, the Applicant agrees that the information about him and (or) the persons authorized by him (including personal data) and his application will be used by the Administration for further communications on the application, and can also be sent by the Administration to the User who filed objections.

2.6. In case of detection of incompleteness of information, inaccuracies or errors in the application, the Site Administration has the right to send the Applicant a notification of clarification of the submitted information.

2.7. If the Administration has reasonable doubts about the legality of submitting Applications (in whole or in part) The Applicant and the existence of grounds for establishing the fact of violation, the Administration has the right to reject the application or suspend the acceptance of Applications from this Applicant until all the necessary documents are provided to the Administration by the Applicant. In the event of a dispute about the Applicant's right to use an audiovisual work, if such a dispute cannot be resolved by the Administration and the Applicant, within 14 (fourteen) days from the date of receipt by the Administration of the notification from the party to the dispute about the occurrence of the dispute, it may be referred to the court.

2.8. The Administration, among other things, has the right to reject an application from a person acting on behalf of the Copyright Holder and possessing only non-exclusive licenses for the use of audiovisual works and/or Content, the placement of which on the Site, in the opinion of such a person, is illegal, if the Administration has legitimate grounds to believe (including based on the copies and/or/or originals concluded with the relevant Copyright Holder of license agreements or other written permits, and other evidence), that the audiovisual works and/or Content are posted on the Site legally. In this case, the Administration undertakes to send the Applicant a corresponding notification with the attachment of the evidence available to it of the placement of audiovisual works and/or Content on the Site on legal grounds.

2.9. After the Rightholder (and/or the person representing the interests of the Rightholder) has eliminated the circumstances preventing the submission of the Application (filling in missing information, eliminating inaccuracies and errors, etc.), such an Application may be sent to the Administration again.

2.10. Personal data of Applicants from among individuals are processed in accordance with the procedure provided for by the Privacy Policy of the Site, located at: https://matreshka.tv/footer/rules/privacy .

3. Consideration of an application for the placement of content in violation of the law and response measures

3.1. If the received application fully complies with the requirements of section 2 of these Regulations and there are no signs of abuse of the right described in section 4 of the Regulations, and if the facts set out in the application are duly confirmed, including by the Administration, then the Administration within 24 hours from the date of receipt of the appropriate application (the date of receipt of the application is the date of successful submission of the completed forms by the Applicant through the Website interface, or to the Administration's email address support@matreshka.tv removes from the Site the disputed audiovisual work and/or Content posted on the Site via the Internet link specified in the application, and also ensures that when Users request their own search tool of the Site, there is no the output of such links in the search results of the Site when displaying search results.

3.2. The decision taken by the Parties in the pre-trial settlement of disputes regarding the copyright content of potential Copyright Holders is mandatory for execution.

3.3. The Administration specifically stipulates that if the link on the Internet specified in the application on the Website where the disputed audiovisual work and/or Content is posted contains other content that does not violate the rights of third parties/ copyright holders, or claims for which have not been declared to the Administration in accordance with the procedure established by these Regulations, the Administration removes from such a Site page, only that unit of content (or a link to it) that is controversial, thereby "clearing the rights" for such a link, without blocking or removing the Site page itself from the search results.

3.4. Thus, if the search mechanism on the Website is implemented by integrating customizable web search based on the technologies of any search engines (Google, etc.), the page with the search results will be considered as placed on the website of the search engine or controlled by such a search engine web page, where the received results of the search are shown to the end user. Accordingly, the Administration cannot and will not be responsible for the presence of the link indicated in the application in the results of such a search, and the Applicant must send a corresponding application for the removal of the link from the search results directly to the operator of such a search engine, because the Administration does not have the necessary legal and technical grounds to adjust the search results of such a search engine operator.

4. Abuses in the Application Review Procedure

4.1. Abusing the opportunities provided by this Regulation is not allowed. The following actions by Applicants will be considered abuses by the Administration:

  • Submission of an application that violates Section 2 of the Regulation;

  • Repeatedly submitting applications that formally meet the requirements of this Regulation but contain knowingly false information, as determined by the Administration after conducting verification;

  • Providing inaccurate and/or fake documents (including electronic) and information;

  • Using automatic submissions and/or software robots to contact and/or communicate with the Administration;

  • Filing a lawsuit against the Administration regarding preliminary protection of copyright and/or related rights on the Internet or with a claim to protect copyright and/or related rights on the Internet in relation to the protection of rights to an audiovisual work and/or Content (or any similar claim/application), bypassing the application procedure provided by this Regulation;

  • Contacting the Administration after submitting an electronic application under this Regulation with a similar application regarding the same disputed audiovisual work and/or Content through any other means, without referencing the number of the initially submitted electronic application, and vice versa – submitting an electronic application in accordance with the Regulation after a similar application regarding the same disputed audiovisual work and/or Content has been sent to the Administration through any other means;

  • Submitting a lawsuit against the Administration, being a Right Holder with the right to use an audiovisual work, regarding preliminary protection of copyright and/or related rights on the Internet or with a claim to protect copyright and/or related rights on the Internet in relation to the protection of rights to an audiovisual work and/or Content (or any similar claim/application), bypassing the application procedure provided by this Regulation.

5. Additional Technological Measures Implemented by the Administration

5.1. According to the requirements of applicable legislation, the Administration has the status of an Information Intermediary, for which the law does not establish the obligation to:

  • Monitor the information transmitted or stored by Site users and thereby ensure the elimination of threats to the infringement of the rights of the Right Holder in the future (thus creating redundant administrative and other restrictions and obligations, and unjustified expenses for the Administration);

  • Actively search for facts or consequences indicating illegal activities of Site users (while each of these users has the technical ability to change the information they post in a very short period of time, which is impossible to track in the current mode by the efforts of the Administration);

  • The Administration responsibly and conscientiously seeks to develop technologies (which is a right, but not an obligation of the Administration, imposed on it by law), aimed at: (1) developing a legitimate internet environment that creates conditions to prevent the infringement of exclusive rights and (2) preventing the infringement of intellectual rights on the MATRYOSHKA Site.

6. Storage and Confidentiality of Information

6.1. The Administration has the right to store all data, documents, and electronic messages related to the consideration of the application for a period of 3 (three) years from the date of completion of the application review procedure, unless longer storage and use of the relevant information are necessary for the protection of the Administration's rights.

6.2. The Administration does not disclose information about the progress of the application review, the content of deleted disputed audiovisual works and/or Content, and applications, except in cases established by applicable law and this Regulation.

6.3. This Regulation may be unilaterally amended by the Administration without any special notification to third parties by publishing the Regulation in a new edition on the Site page at the previously specified address on the Internet. Any changes to the Regulation come into effect from the moment of publication of the new edition of the Regulation on the Site. In the event of the adoption by the authorities of the Russian Federation of regulatory legal acts that affect the functioning of the Site in whole or in part, the Administration reserves the right to make any changes to the functioning of the Site and the Regulation aimed at bringing it into compliance with the new norms.

6.4. The applicable law under this Agreement is the law of the Russian Federation. All disputes regarding the Agreement are resolved in accordance with the current legislation of the Russian Federation at the location of the Administration.