Mr. FURNESS. The law says that if he does that willfully, or for profit--I think the words "for profit" are in the statute--that he is guilty of a misdemeanor, and, upon conviction, is subject to imprisonment not less than a year, I think, the same as for the dramatic public performance; it is the same remedy for both. Mr. GILL. You sell that without any restriction? Mr. SERVEN. Without any notice of restriction. Mr. GILL. Without any restriction? Mr. SERVEN. No. Mr. GILL. Is it not a matter of fact that you make the sale without any contract? I concede that if you make a contract of course you can restrict its use, the same as you can make a contract for the use of a patent; you can give the whole use of a patent or limit it to a town or a county, or you may restrict the patent as to whom it shall be sold, or in any way you please, and I admit that you could restrict this; but I ask, as a matter of fact, what are the contracts? It is a matter of contract? Mr. SERVEN. It is solely a matter of contract. Mr. GILL. You sell it without any contract. Mr. SERVEN. No---- Mr. GILL. Does not that, then, give the man a property right which he can use as he pleases--where you have made no restrictions whatever? Mr. SERVEN. We have done everything the law says we shall do in order to put this matter under the protection of 4966. Mr. GILL. Have the courts interpreted this in any way? Mr. SERVEN. This penalty clause of it? Mr. GILL. Has this been brought up? Mr. SERVEN. This penalty clause has not been interpreted, for this reason: That so far as the music publishers are concerned, probably the same as the dramatic producers, they have not endeavored to press the penal provisions; they have felt that if the provision was in the law it was a warning to the man who was attempting to violate that provision, and that the moral effect, possibly, of such a paragraph ought to pretty largely protect their interests; yet they have a number of times considered that question, and I am not at all sure but what some day they may reach the conclusion that they would like to have the court pass upon the question whether Mr. Tams is violating the law. Mr. GILL. But there is no practical notice or warning to a person who goes into a music store and buys that, because there is nothing on the book you sell that indicates that there is any limitation or restriction in regard to its use by the purchaser?