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Today, the problem of the protection of copyright is one of the major challenges to law enforcement agencies, legislators and the modern justice system. The number of offenses of copyright grows rapidly. The rise of the violation of copyright is closely intertwined with the development of a new technology, recording, which has changed the situation in the entertainment industry and, especially, in the music industry consistently. In actuality, recording allows consumers to record music as well as video abundantly without any significant limitations. This is exactly, where the major problem of the violation of the copyright arises, because, on the one hand, the recording often implies the personal use of music or video by consumers, whereas, on the other hand, there is a risk of re-sale of recorded music and video that is the violation of the copyright in its proper sense.
In actuality, the emergence of new technologies, such as recording, and internet affects consistently the development of the entertainment industry. In such a situation, owners of intellectual property rights are vulnerable to the violation of their rights because consumers tend to ignore the copyright laws. In this respect, it is important to lay emphasis on the fact that the recording deprives owners of the intellectual property rights of the possibility to get revenues from sales of recorded music or video, when consumers record music and video on their own. At this point, it is possible to refer to the example of podcasters. The music industry suffers from considerable financial losses because podcasters can download music for free. As a result, the music industry is deprived of revenues, whereas podcasters can share and record music without paying for recording and downloading the music (Yang & Helm, 2005).
At the same time, recording has both proponents and opponents, who stand on the solid ground. In fact, the main controversy arises, when consumers attempt to record music for free. In such a situation, copyright owners believe that consumers violate the copyright laws because they use their intellectual property without paying money for this.

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This problem has emerged since the mid-20th century, when recording became available to the mass audience and consumers could record their favorite music freely. In the course of time, the opportunities for free recording extended consistently. Today, consumers can download music from internet free. In addition, they can use modern telecommunication systems to share the music and to record on their podcasts, iPods and other devices. As a result, the recording opens new prospects for consumers to record and listen music for free.
In such a situation, copyright owners naturally arise against the oppression of their rights because they do not receive money in cases of free download and recording music. Naturally, they suffer substantial financial losses and they attempt to protect their property. However, the existing legislation has substantial drawbacks and it cannot protect fully owners of the copyright law, especially when consumers record music for the personal use.
At this point, it is crucial to dwell upon the concept of the personal use because this concept is the subject to the heat debate between opponents and proponents of the introduction of stricter intellectual property rights and copyright laws. To put it more precisely, the overwhelming majority of consumers stand on the found that they should not pay for music which they record for their personal use (Head to Head: Music Copyright, 2004). For instance, when an individual downloads music from a CD to his or her PC for the personal use, this act, under certain circumstances, may be viewed as the violation of the copyright law. In fact, it is true that an individual downloads the music from a licensed CD to his or her PC for the personal use. However, when the individual plays the music on his or her computer it is not the licensed product anymore but it is a copy, which the individual has made and uses. Hence, the owners of the music record could argue that this is the case of the violation of their copyright. On the other hand, the consumer can respond that he or she has used the licensed disk and it is more convenient for him or her to play music via PC, instead of other devices using the CD the consumer has bought.
In such a situation, the concept of the recording for the personal use only arises. Obviously, consumers believe that they can use their records as they like because they are not selling the recorded music. This is why, today, more and more specialists () insist on the necessity of the introduction of the concept of the copying for the personal use, which means that the record will not be sold, rent, or profits obtained in any manner without the consent of the copyright owner.
Thus, today, the copyright law confronts the recording as the major cause of the drop of revenues of copyright owners.



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