(1) "Copyright owner" means a person that owns a copyright that is recognized and enforceable under the Copyright Act of 1976 (P.L. 94-553, 17 U.S.C. 101 et seq.).
(2) "Perform" means to disseminate a musical work by playing a recording of the musical work in public, by broadcasting the musical work by radio, television, cable television, satellite or other means or by playing the musical work live in public.
(3) "Performing rights society" means an association or corporation that grants a license on behalf of a copyright owner to perform a copyrighted musical work, including but not limited to the following societies and corporations:
(a) The American Society of Composers, Authors and Publishers (ASCAP);
(b) Broadcast Music, Inc. (BMI); and
(c) SESAC.
(4) "Proprietor" means an owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in this state in which the public may assemble and in which copyrighted musical works may be performed.
(5) "Royalty" means a fee provided to a copyright owner or performing rights society for a license to perform a musical work. [1997 c.236 §1; 2018 c.28 §4]
Note: 647.700 to 647.730 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 647 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 647 - Trademarks and Service Marks; Music Royalties
Section 647.005 - Definitions.
Section 647.015 - Application for registration.
Section 647.017 - When mark is in use; abandonment of mark.
Section 647.024 - Rules for classes of goods and services.
Section 647.035 - Marks ineligible for registration.
Section 647.045 - Certificate of registration; contents; evidentiary effect.
Section 647.055 - Period of registration; renewal; notice.
Section 647.075 - Cancellation of registrations.
Section 647.085 - Fraudulent registration prohibited; liability; action for damages.
Section 647.095 - Prohibited acts; liability.
Section 647.105 - Remedies for infringement.
Section 647.107 - Grounds for injunctive relief; famous marks.
Section 647.135 - Trademark counterfeiting.
Section 647.140 - Trademark counterfeiting in third degree; penalty.
Section 647.145 - Trademark counterfeiting in second degree; penalty.
Section 647.150 - Trademark counterfeiting in first degree; penalty.
Section 647.155 - Seizure, forfeiture and disposal.
Section 647.700 - Definitions for ORS 647.700 to 647.730.
Section 647.705 - Requirements for performing rights societies.
Section 647.710 - Requirements for contracts for payment of royalties.
Section 647.715 - Prohibited conduct.
Section 647.720 - Action for damages; injunction; fines.
Section 647.725 - Relationship to other laws.
Section 647.728 - Conduct of investigations by performing rights society.