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2 . In view of the requirement that the restriction serve a useful commercial purpose it is clear that, although the restricted use notic< will bind a purchaser to refrain from a commercial use of the record, the principles laid down have no application to non-commercial broad¬ casting stations whether publicly or privately owned. We conclude therefore that as such a restriction applied to a non-commercial station serves no apparent useful commercial purpose it is ineffective and inapplicable and that the attempt to bind such a station by notice is invalid under the common law rule, While a copyright proprietor can reserve to himself any right granted by the copyright laws, an attempt to go beyond the act and re¬ serve to himself rights merely incidental to ownership is void, andif this is attempted by means of contract and notice, the contract is in¬ effective. Therefore we conclude that insofar as the notice given purports to reserve the exclusive right to perform publicly for profit, it is binding on. all commercial broadcasters, but insofar as it attempts to go beyond the statutes and reserve all right of public performance, irrespective of profit, it is ineffective as to non-commercial broad; casters, We believe that this discussion disposes of the several questions raised in your request. Very truly yours, (Signed) Orland S. Loomis ORLAND S. LOOMIS Attorney General. WHR:AG CAPTION: 1. Phonograph record manufacturer has no interest in its re¬ cords which would enable it by the device of a restricted use notice to control such use in the hands of the ultimate purchasers; 2. Recording artist may not, through a restricted use notice legally prevent non-commercial broadcast of the record; same is true of copyright owner. USE OF COPYRIGHTED NOVELS By F. S, Siebert Associate Professor of Journalism University of Illinois Although copyright protection has been on the statute books of the United States ever since the opening of the nineteenth century and amendments and revisions have been added periodically, it h£s been im¬ possible for legislation to keep up with the tremendous developments m the field of communication which have taken place during the .last 20 years. Being a right created-by statute, changes in the methods of communication are generally far in advance of changes in the acjt it¬ self. The present act was passed in 1909 and amended several times, but none of these amendments is particularly directed toward the solu¬ tion of the innumerable problems in copyright which have grown out of