Mr. BETHUNE. That was the word which we did suggest, but "accessible" is satisfactory to us if "uncovered" is coupled with it.
Mr. WEBB. You want it to read "accessible and uncovered"?
Mr. WEBB. Would that apply to a magazine picture--a picture in a magazine that had the notice on the back of the original? You could look for it, and it would be uncovered.
Mr. BETHUNE. In the case of a magazine, as I understand, it would be covered by the copyright of the magazine.
Mr. WEBB. Well, that is all right; I did not understand how that would be.
Mr. BETHUNE. Those are the principal features----
Senator MALLORY. I would like to ask you with reference to that suggestion which you were referring to in regard to publication in the matter of a work of art, or a plastic work or drawing. Is there any definite suggestion that you could make, any definite change, so as to convey your idea? I think I know what you want; but it seems to me it is going to be pretty difficult to use an expression there that will convey the exact idea that you desire. Now, in the matter of a work of art, as long as it remains in the hands of the creator of it, one would think it would not be necessary, but it was suggested to me by the chairman here that even the maker of the work of art might want to copyright it, although he did not intend to sell it; he would want to prevent people from infringing on it.
Senator MALLORY. And yet there would be no publication; he could keep it in his own library.
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?"