ORS 164.864
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.

Source: Section 164.864 — Definitions for ORS 164.864 to 164.882, https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html.

164.005
Definitions
164.015
“Theft” described
164.025
Consolidation of theft offenses
164.035
Defenses
164.043
Theft in the third degree
164.045
Theft in the second degree
164.055
Theft in the first degree
164.057
Aggravated theft in the first degree
164.061
Sentence for aggravated theft in the first degree when victim 65 years of age or older
164.063
Disproportionate impact
164.065
Theft of lost, mislaid property
164.075
Extortion
164.085
Theft by deception
164.095
Theft by receiving
164.098
Organized retail theft
164.105
Right of possession
164.115
Value of property
164.125
Theft of services
164.130
Application of ORS 164.125 to telephone or telegraph services
164.132
Unlawful distribution of cable television equipment
164.135
Unauthorized use of a vehicle
164.138
Criminal possession of a rented or leased motor vehicle
164.140
Criminal possession of rented or leased personal property
164.160
Definitions
164.162
Mail theft or receipt of stolen mail
164.164
Defense in prosecution under ORS 164.162
164.170
Laundering a monetary instrument
164.172
Engaging in a financial transaction in property derived from unlawful activity
164.174
Exceptions
164.205
Definitions for ORS 164.205 to 164.270
164.215
Burglary in the second degree
164.225
Burglary in the first degree
164.235
Possession of a burglary tool or theft device
164.243
Criminal trespass in the second degree by a guest
164.245
Criminal trespass in the second degree
164.255
Criminal trespass in the first degree
164.265
Criminal trespass while in possession of a firearm
164.270
Closure of premises to motor-propelled vehicles
164.272
Unlawful entry into a motor vehicle
164.274
Definitions for ORS 164.276 and 164.278
164.276
Authority of sports official to expel persons from sports event
164.278
Criminal trespass at a sports event
164.305
Definitions for ORS 164.305 to 164.377
164.315
Arson in the second degree
164.325
Arson in the first degree
164.335
Reckless burning
164.338
Arson incident to the manufacture of a controlled substance in the second degree
164.342
Arson incident to the manufacture of a controlled substance in the first degree
164.345
Criminal mischief in the third degree
164.354
Criminal mischief in the second degree
164.365
Criminal mischief in the first degree
164.367
Determining value of damage
164.373
Tampering with cable television equipment
164.377
Computer crime
164.381
Definitions
164.383
Unlawfully applying graffiti
164.386
Unlawfully possessing a graffiti implement
164.388
Preemption
164.395
Robbery in the third degree
164.405
Robbery in the second degree
164.415
Robbery in the first degree
164.775
Deposit of trash within 100 yards of waters or in waters
164.785
Placing offensive substances in waters, on highways or other property
164.805
Offensive littering
164.813
Unlawful cutting and transport of special forest products
164.814
State Forester required to develop forms for special forest products
164.825
Cutting and transport of coniferous trees without permit or bill of sale
164.828
Ownership as affirmative defense under ORS 164.813 and 164.825
164.835
Investigation to prevent violations of ORS 164.813 and 164.825
164.845
Arrest, summons for cutting or transport of trees or special forest products
164.855
Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825
164.857
Unlawfully transporting metal property
164.863
Unlawful transport of meat animal carcasses
164.864
Definitions for ORS 164.864 to 164.882
164.865
Unlawful sound recording
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
164.873
Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875
164.875
Unlawful videotape recording
164.882
Unlawful operation of an audiovisual device
164.885
Endangering aircraft
164.886
Unlawful tree spiking
164.887
Interference with agricultural operations
164.889
Interference with agricultural research
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