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:

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(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]

164.864, 164.866, 164.867, 164.868, 164.869, 164.872 and 164.873 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.