2017 ORS 164.864¹
Definitions for ORS 164.864 to 164.882

As used in ORS 164.865 (Unlawful sound recording), 164.866 (Civil action for injuries caused by criminal acts), 164.868 (Unlawful labeling of a sound recording), 164.869 (Unlawful recording of a live performance), 164.872 (Unlawful labeling of a videotape recording), 164.873 (Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875), 164.875 (Unlawful videotape recording) and 164.882 (Unlawful operation of an audiovisual device) and this section, unless the context requires otherwise:

(1) “Audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.

(2) “Commercial enterprise” means a business operating in intrastate or interstate commerce for profit. “Commercial enterprise” does not include:

(a) Activities by schools, libraries or religious organizations;

(b) Activities incidental to a bona fide scholastic or critical endeavor;

(c) Activities incidental to the marketing or sale of recording devices; and

(d) Activities involving the recording of school or religious events or activities.

(3) “Fixed” means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied is sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration.

(4) “Live performance” means a recitation, rendering or playing of musical instruments or vocal arrangements in an audible sequence in a public performance.

(5) “Manufacturer” means the entity authorizing the duplication of a specific recording, but shall not include the manufacturer of the cartridge or casing itself.

(6) “Master recording” means the master disk, master tape, master film or other device used for reproducing recorded sound from which a sound recording is directly or indirectly derived.

(7) “Motion picture” includes any motion picture, regardless of length or content, that is exhibited in a motion picture theater, exhibited on television to paying customers or under the sponsorship of a paying advertiser or produced and exhibited for scientific research or educational purposes. “Motion picture” does not include amateur films that are shown free or at cost to friends, neighbors or civic groups.

(8) “Motion picture theater” means a movie theater, screening room or other venue that is being utilized primarily for the exhibition of a motion picture.

(9) “Owner” means a person who owns the sounds fixed in a master phonograph record, master disk, master tape, master film or other recording on which sound is or can be recorded and from which the transferred recorded sounds are directly or indirectly derived.

(10) “Recording” means a tangible medium on which information, sounds or images, or any combination thereof, are recorded or otherwise stored. Medium includes, but is not limited to, an original phonograph record, disk, tape, audio or video cassette, wire, film or other medium now existing or developed later on which sounds, images or both are or can be recorded or otherwise stored or a copy or reproduction that duplicates in whole or in part the original.

(11) “Sound recording” means any reproduction of a master recording.

(12) “Videotape” means a reel of tape upon which a motion picture is electronically or magnetically imprinted by means of an electronic video recorder and which may be used in video playback equipment to project or display the motion picture on a television screen. [1993 c.95 §1; 2001 c.666 §§30,42; 2005 c.459 §§3,4; 2005 c.830 §22]

Note: 164.864 (Definitions for ORS 164.864 to 164.882), 164.866 (Civil action for injuries caused by criminal acts), 164.867 (Applicability of ORS 164.868, 164.869 and 164.872), 164.868 (Unlawful labeling of a sound recording), 164.869 (Unlawful recording of a live performance), 164.872 (Unlawful labeling of a videotape recording) and 164.873 (Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 164

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 164—Offenses Against Property, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors164.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 164, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano164.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.