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Oregon Revised Statutes

Or. Rev. Stat. § 164.865 (2026)

Unlawful sound recording

✓ current as of May 2026
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      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]

Notes of Decisions
Cited in 4 cases, 1985–2013 · leading case: State v. Ibkheitan Ibkheitan, 838 P.2d 1091 (Or. Ct. App. 1992).
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State v. Ibkheitan Ibkheitan, 838 P.2d 1091 (Or. Ct. App. 1992). · cites it 4× “Defendants were charged by complaints with violations of ORS 164.865, 1 a class B misdemeanor. The parties reported ready for trial.”
State v. Oidor, 292 P.3d 629 (Or. Ct. App. 2012). · cites it 28× “Defendant appeals a judgment convicting him of unlawful sound recording (the sound-recording count), ORS 164.865, and unlawful labeling of a sound recording (the unlawful-labeling count), ORS 164.”
State v. Oidor, 310 P.3d 671 (Or. Ct. App. 2013). “PER CURIAM The state has petitioned for reconsideration of our decision in this case, seeking clarification of our holding about the preemptive effect of section 301 of the federal Copyright Act, 17 USC § 301 , on ORS 164.865(1)(b). The clarification that it seeks is…”
State v. Davis, 695 P.2d 572 (Or. 1985). “815, or reproducing a sound recording or videotape without the written consent of the owner of the master recording, ORS 164.865, 164.875, or a host of other regulatory offenses instead *632 of imposing the short fines or sentences provided for these offenses.”
— Or. Rev. Stat. § 164.865(1)(b) — 1 case
State v. Oidor, 310 P.3d 671 (Or. Ct. App. 2013). “PER CURIAM The state has petitioned for reconsideration of our decision in this case, seeking clarification of our holding about the preemptive effect of section 301 of the federal Copyright Act, 17 USC § 301 , on ORS 164.865(1)(b). The clarification that it seeks is…”
— Or. Rev. Stat. § 164.865(2) — 1 case
State v. Ibkheitan Ibkheitan, 838 P.2d 1091 (Or. Ct. App. 1992). “Defendants were charged by complaints with violations of ORS 164.865, 1 a class B misdemeanor. The parties reported ready for trial.”
— Or. Rev. Stat. § 164.865(l)(b) — 1 case
State v. Oidor, 292 P.3d 629 (Or. Ct. App. 2012). “Defendant appeals a judgment convicting him of unlawful sound recording (the sound-recording count), ORS 164.865, and unlawful labeling of a sound recording (the unlawful-labeling count), ORS 164.”
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