So, can this be considered as public performance?
Opinion of number of experts we have contacted was very similar - as internet is public domain - that means that public performance of the song took place and song is breaking public performance rule.
We have contacted Eurovision coordinator Mr. Svante Stockselius and here is his response to the case:
"At the moment it is impossible to give a simple answer on this. We must look into the whole picture and run complete investigation of this certain case. Generally this rule means that a song can not be comercially published on a CD, played in TV/radio or live in front of paying audience. If it remained
in the drawer of the composer or publisher and been known only to a limited number of persons it is ok. Published over internet is somewehere in between and we need to run some research on it."
We would like also to note that international criteria of copyright law regarding musical compositions are different from the definitions of Eurovision song contest standards.

Additional problem to the song is created by the information that song has participated in Unisong 2001 contest. However we must clarify that it is not public event. It is commercial promotional contest: authors pay special fee for participation, best songs are judged by the Jury and are released on compilation albums. Song "Identify Yourself" had not qualified to the final of the competition, so it was not publicly performed nor released and there was no commercial gain for the authors.

We now publish comments from Irina Schott's team as we want to show you complete picture of what is going on, but we would like to note that this opinions can be not hundred percent objective. We would also note in advance that terminology of "public performance" and "publication" in terms of European Broadcasting Union and Eurovision Song Contest and in terms of contemporary international copyright law are different things. As audiorecording (file) and text information (lyrics) were available on public domain they could have been heard by any visitor of the respective website, and that can be considered equal to public performance. And nonpublic contest Unisong is commercial one as authors paid fee for the entrance in this contest and expected to get commercial gain in case of qualification to the final of it. Anyway final decision on the meaning of the terminology set in the Eurovision 2005 rules and regulations has only European Broadcasting Union. 

Author of the song Peter Wright:
1) The appearance of my song "Identify Yourself" on the Publishsongs Website was purely for me to allow people in the music industry to hear my song and see what types of songs I write. 
2) The song has never been made available for sale and only specific members of the music industry have been directed to that site to view my work so that I may get a chance of working in the  music industry .
3) I have never earned any money from this song
4) Ben Robbins at Rive Droite music has the same song with many of is other songs on a similar website to show people in the music industry what he can do.
I hope that the authorites do not decide to disqualify us for the above reasons as all we trying to do was show our talent to try and get a break in the industry. I am sure that there are millions of songwriters all over the world who use the internet to promote themselves in this way . We were not trying to sell or publicly perform the song at "Identify yourself" at any
time.

Sir Harry Cowell, head of record company comments in this way:
This song has never been available on the internet, we have a webiste, but it is not open to the public. Song was never commercially released. Unisong is an industry run competition.
The song has never been granted an MCPS licence, so we don't consider it breaking any rules.

Official comment from the Sony Music company:
Appearance of the song ‘Identify Yourself’ as demo recording and lyrics at internet resourse publishsongs.com/ can not be considered as publication of the song, as the website was devoted only to the promotion of the song by the author to find recording company and performer for it. This is clarifird by mark  «STATUS: Unpublished» and warning on obligation to get permission of the holder of exclusive copyright for the song for the use of demo recording by any performer. Mentioned copyright of year 2002 is the symbol of protection of copyright of the author which appear from the date of creation and not publication of the respective song.
Performance of  ‘Identify Yourself’ by one of the author was made at the Unisong contest which is positioned by the organizers as the contest of professionals for professionals, which can assist young authors to promote his song by finding publisher and performer for it. Song never entered commercial turnover by any of the methods meaning "publication" in terms of Copyright Law of Russian Federation and also continental law of Copyright.

Official information from Channel One: Irina Schott and her song will participate in the final as Sony Music has assured us that song is not breaking the rules of the contest. We remind that for now on European Broadcasting Union is not interferring in the case and all information will be studied by EBU only if this song wins the national selection.
In case there is necessarity we are eager to present all available information and files to the any of interested sides.

This year we've already seen two disqualification cases one of which, Greek case can be considered similar. Song was disqualified by the broadcaster in less than 24 hours from the appearance of the information that the song was available on some internet site starting May 2004, despite author and publishers of the song rejected the fact of commercial use explaining it as promotional demo.

В этом году мы стали свидетелями уже двух случаев подобной дисквалификации, интересным примером может служить греческий случай, когда песня была дисквалифицирована телевещателем меньше чем через день после появления информации о том, что песня была выложена в интернете в мае 2004 года, несмотря на все заверения издателей и авторов в том, что песня была выпущена только в виде демо и никогда не была в коммерческом использовании.