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. [1993 c.95 §§5,6]
Note: See note under 164.864.
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ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables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
File SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:164.869 Source file: ors164.html Pages: Not recorded – Not recorded Passage SHA-256: 0a9c1757eea5e392768d2a8ca21c52920b5dae37397c96f9f6411cad8b68deec Retained source evidence SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3
Source location: ORS 164.869 (all printed versions and notes)
Stored source content
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. [1993 c.95 §§5,6]
Note: See note under 164.864.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
No explicit source connection was found. This does not mean there are no relevant authorities.