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. [1973 c.747 §1; 1993 c.95 §3]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 164 — Offenses Against Property
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0014 ; 2026 Session Laws 0053 ; 2026 Session Laws 0067
2025 EDITION
OFFENSES AGAINST PROPERTY
CRIMES AND PUNISHMENTS
DEFINITIONS
THEFT AND RELATED OFFENSES
MAIL-RELATED OFFENSES
MONEY LAUNDERING
BURGLARY AND CRIMINAL TRESPASS
ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES
GRAFFITI-RELATED OFFENSES
ROBBERY
LITTERING
UNLAWFUL TRANSPORT
MISCELLANEOUS
DEFINITIONS
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Source location: ORS 164.865 (all printed versions and notes)
Stored source content
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. [1973 c.747 §1; 1993 c.95 §3]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
164.864 Definitions for ORS 164.864 to 164.882. 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
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. [1993 c.95 §§9,10]
Note: See note under 164.864.
166.715 Definitions for ORS 166.715 to 166.735. As used in ORS 166.715 to 166.735, unless the context requires otherwise:
(1) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
(2) “Enterprise” includes any individual, sole proprietorship, partnership, corporation, business trust or other profit or nonprofit legal entity, and includes any union, association or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.
(3) “Investigative agency” means the Department of Justice or any district attorney.
(4) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided at least one of such incidents occurred after November 1, 1981, and that the last of such incidents occurred within five years after a prior incident of racketeering activity. Notwithstanding ORS 131.505 to 131.525 or 419A.190 or any other provision of law providing that a previous prosecution is a bar to a subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used to establish a pattern of racketeering activity without regard to whether the conduct previously has been the subject of a criminal prosecution or conviction or a juvenile court adjudicatio