Mr. BETHUNE. He has the right to copyright it at any time he pleases, before publication. Senator MALLORY. I know that; but the point is, What does the word "publication" here mean? And I would like to know, if you have given the thing any thought, if there is any suggestion you could make? Mr. BETHUNE. Yes, sir; I think the term "publication" should be explained. I do not think we can define altogether what "publication" is; but we can state that certain things shall be included within "publication." Senator MALLORY. What is your suggestion? Mr. BETHUNE. I think that sale, whether a public or private sale of the painting, and the public exhibition of the painting, should be construed as a publication. Mr. WEBB. You suggest inserting after "original" "before publication, exhibition, or offering for sale?" Mr. BETHUNE. No, sir; I should let "publication" stand there, but I should qualify or partially define in another section what "publication" is---- The CHAIRMAN. Is there not danger in making such definition? Mr. BETHUNE. No; I think not, if you state what it shall include, or rather what shall be included in it. The CHAIRMAN. Suppose we define publication in the manner you suggest, would there not be difficulty in cases not covered by that definition? Mr. BETHUNE. I think not, sir. The CHAIRMAN. Might not the courts construe that definition as covering all classes of publications? Mr. BETHUNE. Not if the statute specifically states that those expressions are not meant to be an exact definition of all that publication includes, and I think that can be very easily done. The CHAIRMAN. We would be very glad to have your suggestion on that point. Mr. BETHUNE. I should be very glad to submit it if you will be kind enough to permit me to do so. There are some other matters which I do not care to take up your time with now, and will do so in writing. Mr. CHANEY. Is your idea of expressing and defining "publication" for the purpose of limiting the word "publication?" Mr. BETHUNE. Not altogether; no, sir. I think that both the reproducer and the artist should know the exact situation at the very outset. If the artist exhibits a painting in a gallery and people pay fifty cents or nothing to go in and look at the painting, although there is a restriction, perhaps, made by the artist upon copying that painting, when the painting goes to that exhibition he should know at once, and the reproducer should know, that that being a public exhibition is a publication of the painting, and if the copyright notice is not on it then the artist has lost entirely the right to copyright it entirely. Mr. CHANEY. You are aware of the fact that if you undertake to define "publication" you do limit it to whatever you say it is? Mr. BETHUNE. I do if I attempt to fully define it, but I should not attempt to so define it. I should attempt to say that certain things should be embraced in the term "publication."