Legal Question in Intellectual Property in Texas

There is no "private use" limitation on the reproduction right of the copyright holder, and even a "small fee" is likely to be considered "commercial". The fact that the owner of the vinyl phonorecord gives permission is irrelevant, since it is only the owner of the copyright who may "do or authorize" the reproduction. That said, 17 USC � 1008 provides that no legal action may be taken against one who makes an infringing "noncommercial" reproduction if it meets the statutory criteria. The Copyright Office has taken the position that even if the owner of the vinyl record might be able to make a noncommercial reproduction under Section 1008, someone who makes money facilitating those reproductions is not covered by the 1008 protection.

See http://www.law.cornell.edu/uscode/usc_sec_17_00001008----000-.html

"No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings." (Other sections define key terms contained in this section, so one should begin with Section 1001.)