would appreciate it if you would advise us how to present the matter to meet with the requirements of the case. Thanking you for the consideration of this matter, we remain OLIVER DITSON CO., DECEMBER 31, 1924. REGISTER OF COPYRIGHTS, Library of Congress, Washington, D. C. DEAR MR. SOLBERG: We have read with interest the summary of the proposed new copyright law, but can find no trace of an amendment to section 28 of the existing law. In a letter I wrote to Mr. E. C. Mills, of the American Society of Composers, Authors, and Publishers, June 23, I said: "Section 28 should be amended so as to deny the right to a middleman to rent for profit the works mentioned in this section to societies and others who desire to publicly perform same without profit. Copyright owners and composers are losing large sums annually because of this lack of protection which was not contemplated by the framers of the present law." Is it too late to do anything about this now? Yours truly, OLIVER DITSON Co. LIBRARY OF CONGRESS, DEAR MR. WOODMAN: In the section 28 of the copyright act of 1909 to which you refer the proviso has been abrogated. The provisions proposed in regard to control of music read as follows: "SEC. 12. That it is expressly recognized and declared that the copyright hereby granted secures to authors of works of literature, music, the drama, and the fine arts, and to the administrators, executors or assigns of such authors, the exclusive right to produce, perform, or distribute their works by any means whatsoever, and, subject to the provisions of this act, any person entitled thereto shall have the exclusive right: * * * "(1) To perform said work publicly if it be a musical composition; and for the purpose of public performance and for the purposes set forth in subsection (a) hereof, to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced: Provided, however, That nothing in this act shall be construed to prohibit the performance of copyright musical works by churches or public schools, provided the performance is given for charitable or educational or religious purposes, unless a fee is charged for admission to the place where the music is so used." Section 39 (as a substitute for section 28) reads as follows: "SEC. 39. That any person who willfully and for profit shall infringe the copyright in any work protected under the copyright laws of the United States. or who shall knowingly and willfully aid or abet such infringement, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment for not exceeding one year or by fine of not less than $100 nor more than $1,000, or both, in the discretion of the court: Provided, That no criminal proceeding shall be maintained under the provisions of this act unless the same is commenced within three years after the cause of action arose.” Very truly yours, C. A. WOODMAN, Esq., Manager Oliver Ditson Co., Boston, Mass. THORVALD SOLBERG, JANUARY 7, 1925. MR. THORVALD SOLBERG, Register of Copyrights, Library of Congress, Washington, D. C. DEAR MR. SOLBERG: Your courteous and comprehensive reply of January 3 received and noted, but it seems to me that the changes contemplated do not cover the point I made in my letter of December 31, and I write to ask if in your opinion there could not be added in the proper place the following: "It shall be unlawful for any person or persons except a copyright owner to rent for profit copyright musical works to anyone who contemplates production of said works without profit, unless by permission granted by the owners of the copyright thereof." In explanation will say that there are a number of concerns in the United States who buy up works from societies and others, that have been used and rent same to schools and churches who comply with the provisions of the law and produce without profit but to the detriment of publishers and composers, who receive absolutely no benefit as a result of such practices. If the churches and schools referred to procured from societies direct and produced with profit, there could be no particular ground for complaint on the part of the copyright owner or composer, but as it is a middleman steps in and makes a profit and the copyright owners and composers are helpless. Yours truly, OLIVER DITSON CO LIBRARY OF CONGRESS, GENTLEMEN: I beg to acknowledge receipt of your letter of January 7, in which you make a suggestion for inclusion in the copyright bill relative to the renting for profit of musical works. A hearing has been arranged for in relation to this bill to take place on Thursday, January 22, 1925, at 10 a. m., and, of course, it is quite open to you to make at that hearing, or to submit to the chairman of the Patents Committee, Hon. Florian Lampert, any suggestion that occurs to you. The situation is not such at this time that the copyright office can submit such proposals of amendment. Very truly yours, Messrs. OLIVER DITSON Co., THORVALD SOLBERG, (Attention of C. A. Woodman, Esq., Manager), 178-179 Tremont Street, Boston, Mass. Mr. PERKINS. In order not to encumber the record, may we not merely show the names of those in favor and those against? The CHAIRMAN. I do not have reference to the numerous telegrams. I have several communications from people who could not appear. They have made their statements and wanted them to appear in the record. So far as telegrams and letters are concerned, I think they ought to go in in the manner in which you suggest just the name. (The names referred to by the chairman, are as follows:) Letters and telegrams in favor of the bill H. R. 11258 received by Florian Lampert, chairman Committee on Patents, from the following persons: George Gilbert, 746 Chenango Street, Port Dickinson, N. Y.; John R. McMahon, box 75, Little Falls, N. J.; Martha F. Bellinger, Dakota Wesleyan University, Mitchell, S. Dak.; Francis Lynde, R. F. D. 4, Chattanooga, Tenn.; Paul Martin, 139 East Twenty-seventh Street, New York City; Jack Woodford, 1107 Ainslee Street, Chicago, Ill.; Celia Louise Crittenton, New York City; Orline D. Foster, 527 One hundred and tenth Street, New York City; Wm. Lee Dickson, Rockville Centre, Long Island, N. Y.; Gerolt Gibson, Buckingham Annex, St. Louis, Mo.; Kate Louise Roberts, 506 Meeker Street, South Orange, N. J.; Edward Stratemeyer, 25 East Twenty-fourth Street, New York City; Carl Brandt, 101 Park Avenue, New York City; Thomas McKean, Philadelphia, Pa.; Jean M. Thompson, 22 South Main Street, Middletown, Conn.; 30335-251-10 Edward Laska, 125 West Forty-ninth Street, New York City; Mr. WEIL. I know that Mr. Frederick Hurne, of the National X |