they license or sell such tapes to outfits throughout the United States who make copies thereof.

Now, to make records you have to have a plant and the requisite facilities, but not for tape recordings. Any child makes them so such outfits, acquiring the tapes from the licensee, will make countless thousands of copies. Of course, this being a well-kept secret, we have no means of tracing the same. Accordingly, I submit that such activities should not come under the purview of the compulsory license provisions of the Act. As a matter of fact, such provision is in conformity with the pertinent provision in the present act, preceding the compulsory license provision thereof. Accordingly, special licenses

are issued for such use.

Now I would like to say again that considering all of the diversified interests and what the Register and the staff have had to contend with at the various meetings I attended, this bill is really a remarkable accomplishment. Therefore we are most desirous of supporting it as drafted, with only the few exceptions I have mentioned.

Thank you, sir.

Mr. KASTENMEIER. Thank you, Mr. Abeles.

I have just one question: Would you define a phonorecord as including a tape?

Mr. ABELES. Yes. Because under the definition thereof it applies to all recordings other than motion pictures.

Mr. KASTEN MEIER. May I also say that in view of your feelings as to how section 113 may be amended, the committee will welcome your additional statement and hope that it includes specific language.

Mr. ABELES. Thank you. We are in accord with section 113, as drafted, which includes the requisite amendments to the present act that I mentioned. A number of the other parties in interest are likewise in accord therewith.

Now, I have been asked to introduce Mr. Edwin H. Morris, who is one of the leading music publishers and who desires to give his own independent testimony.

Mr. KASTENMEIER. You may proceed, Mr. Morris.

STATEMENT OF EDWIN H. MORRIS, PRESIDENT, EDWIN H. MORRIS & CO., INC., HOLLYWOOD, CALIF., AND NEW YORK CITY

Mr. MORRIS. Mr. Chairman and gentlemen, I am a publisher. I would prefer to summarize my statement because it would be repetitious for me to go over a number of things at this time.

Mr. KASTEN MEIER. If you like, we will receive your statement for the record.

Mr. MORRIS. Yes. I would like to augment and change some of the points that I have made.

Mr. KASTEN METER. Without objection you may proceed.

Mr. MORRIS. As late as 1929 when I first became associated with the business of music publishing-on the staff of Music Publishers Holding Corp.-the most important source of income for both writers and publishers was the sale of sheet music. Radio was still in its infancy; sound movies were even a more recent development; the present-day jukebox had not yet been perfected, television was still a dream, and tape recorders were unknown.

Largely as a result of these inventions, income from sales of sheet music in recent years dwindled to almost nothing. We have had to rely primarily on receipts from performances of our works-in radio and television and in the thousands of places where music is used for dancing or to enhance the atmosphere as a means of increasing receipts from the service of food and liquor and the sale of commodities. Music has been found useful in increasing the output of employees by decreasing fatigue.

There has also been increased acceptance of contemporary American works in concerts.

May I digress for a moment. Mr. Dolan spoke as to the hardships and so on of composers in that area. I believe this is an observation that should be accepted as, I think, the proper method of approach by ASCAP. We provide income for the serious composers even though their works are performed by orchestras which rely largely on public contributions to make up their box office deficits.

In addition to receiving royalties from symphony orchestras additional income has been supplied by the writers and publishers in ASCAP whose works have found commercial acceptance. They have permitted part of their royalties to be distributed to those whose works are performed by symphony orchestras and in concerts. This is done as a means of encouraging our contemporary writers and publishers to concentrate on the production of works in this important field.

Of necessity, composers of orchestral works must rely exclusively on income from performances of their works because there is not a sufficient market for the printed score to warrant the investment in publication. Thus, public performances of musical works must not be exempted unless there is an overwhelming reason. In some cases, such as performances as part of face-to-face classroom instruction, an exemption can be justified. The purpose is instruction rather than the entertainment; the group is small and there is no profit to anyone. The bill expressly exempts such use, and properly so.

In my early music publishing days, it was my good fortune to get a thorough grounding from such writers as Jerome Kern, Sigmund Romberg, George and Ira Gershwin, and Rodgers and Hart.

I am not using these names for effect. These are people I was associated with. I worked on their compositions. That is where my training as a publisher began. Through the years I have been very conscious of young writers and that of course today is my main business, the projecting and fostering of their works.

In those days there were some of the younger writers such as Johnny Mercer, who is one I really discovered-nobody really discovers a writer, it is a question of what you do for them.

Hoagy Carmichael I did a number of works for. I was responsible for Al Dubin and Harry Warren, who did "42d Street."

From that I went into business for myself in 1938. I have benefited greatly from my association with these older writers and realized the values of author and composer.

Now as to the financial situation Mr. Dolan discussed, there are many aspects, different fields of writing in my business which at this moment are primarily show productions, although we do what are called popular publications. It is necessary to encourage writers financially. That is the publisher's role. It is a form of advance to the

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writer to help him with just ordinary living. Sometimes a writer may not work out and the percentage of successes is rather small. However, when you happen to have a good writer the percentage of success and the degree of return is quite good.

For example, a production takes anywhere from a year up in preparation. Of course during that time the author-composers have not income if they are unestablished, other than a nominal advance for the production plus the drawing account that as a publisher I give them, so that this is pretty much of a gamble. However, some of the things I have been responsible for as a young writer-Jimmy Van Heusen today is a very successful composer. He was a piano player with me. His treatment was the same. I had him under contract for a nominal advance each week.

From that I had two writers, I think everyone knows, Sammy Cahn and Jule Styne. They wrote "I'll Walk Alone," "Let It Snow," and many other successes. They have gone on to great success. Of course there are writers that are one-time writers. Why that happens no one knows but many of our most successful compositions have been that. I published a composition called "Tenderly," written by Walter Gross. Walter Gross has written other compositions, none with any degree of success.

Some years ago I had the good fortune to publish a song, "Riders in the Sky," by Stan Jones who then worked as a park attendant in Yellowstone. That was probably the only composition that he could claim as anything important. However, he wrote many others that didn't mean anything.

Now recently I have been lucky with young composers. Two writers by the name of Lee Adams and Charles Strouse wrote "Bye Bye, Birdie," which was their first effort and very successful. They have gone on now and are established, and they are working in the theater on other productions.

Also Carolyn Leigh and Cy Coleman wrote the score for "Wildcat” for Lucille Ball and a very important song, "Hey, Look Me Over." Of course they have had many others. These people all have been financed by a publisher. Many other publishers do the same thing. Probably the most phenomenal success in the last few years has been Jerry Herman. Jerry Herman came to me originally as an off-Broadway writer writing songs for some of these off-Broadway shows. His first production was "Milk and Honey," and was successful, but it was nothing very important. Along came "Hello, Dolly!" As a youngster he has had phenomenal success. I financed Jerry right from the beginning. This is one out of many that pays off.

I could mention many other publications that don't pay off but we don't like to talk about those.

I would like to comment on the article that appeared in Billboard by Jack Gordon of the Seeburg Co. It is rather unusual in this respect. They do $85 million a year and total income from jukeboxes is a half billion dollars. Now he suggests that he is the owner of something like 4,000 copyrights and he is going to charge the people who do business with him $60 for the use of his copyrights. Now whether he is going to form a performing-right organization I don't know. Whether or not these are wholly owned or owned by

many, or whether the author-composer benefits, I don't know. He does make an observation that is unusual. He says in France the French jukebox operators pay $480 per machine to copyright owners. The British pay $300.

The French society is probably the oldest society in the world and they have reciprocal agreements with every society in the world, so that the use in France of music is unlimited. As a matter of fact, a large return of moneys from the use of our music comes back to us from this source.

Now what seems inconsistent, it is all right for Mr. Gordon to collect from these people and it is a recognition of a right; however, the publisher and author-composer are not entitled to anything.

I am puzzled. I do think there is some progress because he admits music must receive something even though it is his own. I think for me to talk about any of these other things would be belaboring the situation which has been discussed so much better and much more articulately than I can in this respect, so I will conclude. (Mr. Morris' statement follows:)

STATEMENT OF EDWIN H. MORRIS IN SUPPORT OF H.R. 4347

My name is Edwin H. Morris. A resident of Los Angeles, Calif., I am president of Edwin H. Morris & Co., Inc., a music publisher, having offices at 1777 North Vine Street, Hollywood, Calif., and 31 West 54th Street, in New York City.

I appear in support of H.R. 4347, and wish to mention particularly such features as the extension of the term of copyright, the elimination of the exemption of coin-operated machines, and the removal of a discrimination with respect to public performances of musical compositions imposed for the first tme in 1909. Before that (since 1897) the copyright law had protected musical compositions and dramatic works equally against all unauthorized public performances. This was continued in 1909 for dramatic works; however, public performances of musical compositions were exempted if they were not "for profit." The present bill would again place performances of musical compositions and dramatic works on the same footing. It is important that this be done. Whereas in 1909 there were relatively few public performances of copyrighted musical works, and the primary income for writers and publishers was derived from sales of sheet music, today very few compositions have any substantial sales of sheet music.

As late as 1929 when I first became associated with the business of music publishing (on the staff of Music Publishers Holding Corp.), the most important source of income for both writers and publishers was the sale of sheet music. Radio was still in its infancy; sound movies were even a more recent development: the present day jukebox had not yet been perfected; television was still a dream, and tape recorders were unknown. Largely as a result of these inventions, income from sales of sheet music in recent years has dwindled to almost nothing. We have had to rely primarily on receipts from performances of our works-in radio and television and in the thousands of places where music is used for dancing or to enhance the atmosphere as a means of increasing receipts from the service of food and liquor and the sale of commodities. Music has been found useful in increasing the output of employees by decreasing fatigue.

There has also been increased acceptance of contemporary American works in concerts. This should provide income for the serious composers even though their works are performed by orchestras which rely largely on public contributions to make up their boxoffice deficits. In addition to receiving royalties from symphony orchestras additional income has been supplied by the writers and publishers in ASCAP whose works have found commercial acceptance. They have permitted part of their royalties to be distributed to those whose works are performed by symphony orchestras and in concerts. This is done as a means of encouraging our contemporary writers and publishers to concentrate on the production of works in this important field.

Of necessity, composers of orchestral works must rely exclusivery on income from performances of their works because there is not a sufficient market for the printed score to warrant the investment in publication. Thus, public performances of musical works must not be exempted unless there is an overwhelming reason. In some cases, such as performances as part of face-to-face classroom instruction, an exemption can be justified. The purpose is instruction rather than entertainment; the group is small and there is no profit to anyone. The bill expressly exempts such use, and properly so.

In my early music-publishing days, it was my good fortune to get a thorough grounding from such writers as Jerome Kern, Sigmund Romberg, George and Ira Gershwin, and Rodgers and Hart. They taught me much about the climate in which songwriters develop. They all were once beginners-a fact they never forgot. This is something that a publisher must always remember-in the long run it pays to make the investment and take the gamble necessary to experiment with and develop young writers. Most will never repay the investment, but the few that succeed make it all worthwhile.

Some of the younger writers and writing teams for whose work I was responsible in those days included Johnny Mercer, Harry Warren, Al Dubin, Richard Whiting, and Hoagy Carmichael to name only a few. From the pens of Warren and Dubin came the "Gold Diggers" series and such songs as "Shuffle Off to Buffalo" in 1932, and "Lullaby of Broadway" which won the Motion Picture Academy Award in 1935.

"Jeepers Creepers" by Warren and Mercer, and "Too Marvelous for Words" by Mercer and Whiting are still popular favorites.

Hoagy Carmichael (of "Stardust" fame) and Stanley Adams (now president of ASCAP)—another young writing team-came through with "Little Old Lady." Of course, all these writers went on to contribute many more outstanding works for which as a nation we are justly proud.

These were all successes to which I was a party when working for another publisher.

When I started my own music-publishing venture in 1937 I applied the principles taught me by Kern, Romberg, the Gershwins, and Rodgers and Hart. Benefiting from my experience in developing young writers, I realized that the publisher, like anyone else who derives profits from the compositions of songwriters, must be prepared to help the writer satisfy his material needs. Financial encouragement must have some relation to the profits that are expected when a work is successful. In this, the publisher's role is vital.

A writer expects the publisher to fulfill many functions-at times, to advance funds against future royalties on works which may or may not capture the public fancy; to bring those works to the attention of the public in the best possible light; oftentimes to arrange a complex collaboration among the various parties to the production of a musical show-composer, lyricist, author of the book, and producer. The production of a play is a hazardous enterprise to all concerned. The production of a musical play requires a very substantial investment and many months of intense preparation. Yet all may be lost on the opening night if the performance fails to impress the critics. The income from publication of the songs in the show rarely equals the publisher's investment. He must look to those few shows that have successful songs, to recoup his losses in all the others.

The average of successes in launching musical works is very small, whether we speak of songs known as production numbers or show tunes, "popular" songs, or works intended for orchestral performance. I should like to mention some of our successes, and hope you will understand my reluctance to mention our failures.

As a young publisher on my own, Jimmy Van Heusen was a great help with his piano playing and his collaboration with Eddie De Lange in three great songs: "So Help Me," "Deep in a Dream," and "Heaven Can Wait." Van Heusen teamed with Johnny Burke to turn out "Swinging on a Star."

Sammy Cahn and Jule Styne came through with their first successes: "I'll Walk Alone" and "Let It Snow! Let It Snow! Let It Snow!"

Some writers are known for only one hit out of their many songs. I published two such songs: Walter Gross' "Tenderly" (with Jack Lawrence), and Stan Jones' "Riders in the Sky." Many prolific writers would be willing to exchange the output of a lifetime for these two songs.

Of course, my most recent success is the current "Hello Dolly" by Jerry Herman. But there have also been Lee Adams and Charles Strouse ("Bye Bye