Removing scratch noise from LPs

Following question is from one of my brothers. He can be reached directly @ jrh[_at_]email.msn.com I will forward any comments to the group.

I realized when looking at the question that esp. as to the compulsory licensing, I too needed help. Any help you can give would be appreciated.

John R. Hayden wrote:
>
> I also have a copyright question. What about removing the scratch noise
> from an old LP and making a CD from it? If this is done non-commercially
> would it be a fair use under 107? If done commercially is this included
> in the compulsory licensing under 115? Also, would this activity be
> includes under the "Audio Home Recording Act of 1992", 17 U.S.C.
> 1001-1010, which places royalties on the digital recording device and
> media, to be paid by the first seller?

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1998 Bruce E. Hayden,all rights reserved
My work may be copied in whole or part, with proper attribution,
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Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]copatlaw.com
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