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Oregon Library Laws - Revised Statutes - Other Statutes: Intellectual Freedom
Oregon Revised Statutes
Chapter 164 - Offenses Against Property
 
MISCELLANEOUS
 
164.864 Definitions for ORS 164.864 to 164.875. As used in ORS 164.865, 164.866, 164.868, 164.869, 164.872, 164.873, 164.875 and 164.882 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.
164.865 Unlawful sound recording.
(1) A person commits the crime of unlawful sound recording if the person:
(a) Reproduces for sale any sound recording without the written consent of the owner of the master recording; or
 
(b) Knowingly sells, offers for sale or advertises for sale any sound recording that has been reproduced without the written consent of the owner of the master recording.
(2) Unlawful sound recording is a Class B misdemeanor.
164.866 Civil action for injuries caused by criminal acts. Nothing in ORS 164.864, 164.865, 164.868, 164.869, 164.872, 164.873 or 164.875 or this section limits or impairs the right of a person injured by the criminal acts of a defendant to sue and recover damages from the defendant in a civil action.
 
164.867 Applicability of ORS 164.868, 164.869 and 164.872. The provisions of ORS 164.868, 164.869 and 164.872 apply only to persons operating commercial enterprises.
 
164.868 Unlawful labeling of a sound recording.
(1) A person commits unlawful labeling of a sound recording if the person:
(a) Fails to disclose the origin of a sound recording when the person knowingly advertises or offers for sale or resale, sells, resells, rents, leases, or lends or possesses for any of these purposes, any sound recording that does not contain the true name and address of the manufacturer in a prominent place on the cover, jacket or label of the sound recording; and
 
(b) Possesses five or more duplicate copies or 20 or more individual copies of recordings produced without consent of the owner or performer and the recordings are intended for sale or distribution in violation of this section.
(2) Unlawful labeling of a sound recording is a Class C felony.
164.869 Unlawful recording of a live performance.
(1) A person commits unlawful recording of a live performance if the person:
(a)
(A) Advertises or offers for sale, sells, rents, transports, or causes the sale, resale, rental or transportation of, or possesses for one or more of these purposes, a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; or
 
(B) With the intent to sell, records or fixes, or causes to be recorded or fixed on a recording, a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; and
(b) Possesses five or more duplicate copies or 20 or more individual copies of recordings produced without consent of the owner or performer and the recordings are intended for sale or distribution in violation of this section.
(2) Unlawful recording of a live performance is a Class C felony.
 
(3) For purposes of subsections (1) and (2) of this section, in the absence of a written agreement or law to the contrary, the performer of a live performance is presumed to own the rights to record or fix the performance.
 
(4) A person who is authorized to maintain custody and control over business records that reflect whether or not the owner of the live performance consented to having the live performance recorded or fixed is a proper witness in a proceeding regarding the issue of consent.
164.872 Unlawful labeling of a videotape recording.
(1) A person commits unlawful labeling of a videotape recording if the person:
(a) Fails to disclose the origin of a recording when the person knowingly advertises or offers for sale or resale, or sells, resells, rents, leases or lends, or possesses for any of these purposes, any videotape recording that does not contain the true name and address of the manufacturer in a prominent place on the cover, jacket or label of the videotape recording; and
 
(b) Possesses five or more duplicate copies or 20 or more individual copies of videotape recordings produced without consent of the owner or performer and the videotape recordings are intended for sale or distribution in violation of this section.
(2) Unlawful labeling of a videotape recording is a Class C felony.
164.873 Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875.
(1) The provisions of ORS 164.872 and 164.875 do not apply to:
(a) The production of a videotape of a motion picture that is defined as a public record under ORS 192.005 (5), in accordance with ORS 192.005 to 192.170 or 357.805 to 357.895.
 
(b) The production of a videotape of a motion picture that is defined as a legislative record under ORS 171.410, in accordance with ORS 171.410 to 171.430.
(2) The provisions of ORS 164.865, 164.868, 164.869 (1) and (2) and 164.875 do not apply to the reproduction of:
(a) Any recording that is used or intended to be used only for broadcast by educational radio or television stations.
 
(b) A sound recording, or the production of a videotape of a motion picture, that is defined as a public record under ORS 192.005 (5), with or without charging and collecting a fee therefor, in accordance with ORS 192.005 to 192.170 or 357.805 to 357.895.
 
(c) A sound recording defined as a legislative record under ORS 171.410, with or without charging and collecting a fee therefor, in accordance with ORS 171.410 to 171.430.
164.875 Unlawful videotape recording.
(1) A person commits the crime of unlawful videotape recording if the person:
(a) Produces for sale any videotape without the written consent of the owner of the motion picture imprinted thereon; or
 
(b) Knowingly sells or offers for sale any videotape that has been produced without the written consent of the owner of the motion picture imprinted thereon.
(2) Unlawful videotape recording is a Class B misdemeanor.