USA Statutes : oregon
Title : TITLE 50 TRADE REGULATIONS AND PRACTICES
Chapter : Chapter 647 Trademarks and Service Marks; Music Royalties
(1) As used in this chapter:

(a) “Applicant” embraces the person who applies to register a mark
under this chapter, and the person’s legal representatives, successors or
assigns.

(b) “Mark” includes any trademark or service mark entitled to
registration under this chapter whether registered or not.

(c) “Person” means any individual, firm, partnership, corporation,
association, union or other organization.

(d) “Registrant” embraces the person to whom the registration of a
mark is issued under this chapter, and the person’s legal
representatives, successors or assigns.

(e) “Retail value” means:

(A) For items that bear a counterfeit mark and are components of a
finished product, the regular selling price of the finished product in
which the component would be utilized.

(B) For all items that bear a counterfeit mark other than those
described in subparagraph (A) of this paragraph and for all services that
are identified by a counterfeit mark, the regular selling price of the
item or service.

(f) “Trademark” means any word, name, symbol, device or any
combination thereof adopted and used by a person to identify goods made
or sold by the person and to distinguish them from goods made or sold by
others.

(g) “Trade name” means a word, name, symbol, device or any
combination thereof used by a person to identify the person’s business,
vocation or occupation and to distinguish it from the business, vocation
or occupation of others.

(h) “Service mark” means any word, name, symbol, device or any
combination thereof used by a person in the sale or advertising of
services to identify the person’s services and to distinguish them from
the services of others.

(2) For the purposes of this chapter, a mark shall be deemed to be
“used” in this state:

(a) On goods when it is placed in any manner on the goods or their
containers or the displays associated therewith or on the tags or labels
affixed thereto and such goods are sold or otherwise distributed in this
state; and

(b) On services when it is used or displayed in the sale or
advertising of services and the services are rendered in this state.

(3) For purposes of this chapter, a mark shall be deemed to be
“abandoned” in this state when either of the following occurs:

(a) When its use has been discontinued with intent not to resume.
Intent not to resume may be inferred from the circumstances. Nonuse for
two consecutive years shall be prima facie evidence of abandonment. “Use”
of a mark means the bona fide use of that mark made in the ordinary
course of trade and not made merely to reserve a right in a mark; or

(b) When any course of conduct of the registrant, including acts of
omission as well as commission, causes the mark to become the generic
name for the goods or services on or in connection with which it is used,
or otherwise to lose its significance as a mark. Purchaser motivation
shall not be a test for determining abandonment under this paragraph.
[1961 c.497 §1; 1965 c.511 §1; 1981 c.633 §71; 1989 c.931 §1; 1999 c.722
§7](Registration) The
Secretary of State shall collect the fees described in ORS 56.140 for
each document delivered for filing under this chapter and for process
served on the secretary under this chapter. The secretary may collect the
fees described in ORS 56.140 for copying any public record under this
chapter, certifying the copy or certifying to other facts of record under
this chapter. [1991 c.132 §23; 1999 c.652 §17] (1) Subject to the
limitations set forth in this chapter, any person who adopts and uses a
mark in this state may submit for filing to the Office of the Secretary
of State, on a form to be furnished by the Secretary of State, an
application for registration of that mark setting forth, but not limited
to, the following information:

(a) The name and business address of the person applying for such
registration; and, if a corporation, the state of incorporation.

(b) The goods or services in connection with which the mark is used
and mode or manner in which the mark is used in connection with such
goods or services and the class in which such goods or services fall.

(c) The date when the mark was first used anywhere and the date
when it was first used in this state by the applicant or the predecessor
of the applicant in business.

(d) A statement that the applicant believes the applicant is the
owner of the mark and that no other person has the right to use such mark
in this state either in the identical form thereof or in such near
resemblance thereto as might be calculated to deceive or to be mistaken
therefor.

(e) A mailing address to which the Secretary of State may mail
notices.

(f) Any additional identifying information that the Secretary of
State by rule may require.

(2) The application for registration shall be:

(a) Signed and verified by the applicant or by a member of the firm
or an officer of the corporation or association applying.

(b) Accompanied by a specimen or facsimile of the mark. [1961 c.497
§3; 1965 c.511 §2; 1971 c.318 §2; 1985 c.728 §84; 1991 c.132 §20] The Secretary of
State may establish by rule classes of goods and services for convenience
in the administration of this chapter. The classes that the Secretary of
State establishes shall not enlarge or diminish the rights of an
applicant or a registrant. [1985 c.728 §84b (enacted in lieu of 647.025)] (1) The
Secretary of State shall refuse to register a mark if the Secretary of
State finds that the mark so resembles either a mark not registered under
this chapter or a trade name that a person other than the applicant
previously has used in this state and not abandoned, as to be likely,
when applied to the goods or when used in connection with the services of
the applicant, to cause confusion or mistake, or to deceive. This
subsection shall not be construed to require the Secretary of State to
conduct any investigation.

(2) Any finding that the Secretary of State makes under subsection
(1) of this section shall be in writing, and each finding shall be
supported by evidence of use of the mark or trade name. A refusal to
register a mark under this section is a final order for purposes of ORS
chapter 183.

(3) A copy of a registration on the Principal Register of the
United States Patent and Trademark Office dated prior to the date that
the applicant claims as a date of first use under ORS 647.015 is
sufficient evidence to support a finding under this section. A document
submitted to the Office of the Secretary of State under ORS chapter 60,
65, 70 or 648 is not evidence that a corporate name, limited partnership
name or assumed business name stated in the document has been used. [1985
c.728 §85b; 1987 c.94 §104] (1) The Secretary of
State may not register as a mark any word, phrase, symbol, device or
combination thereof if it:

(a) Consists of or comprises immoral, deceptive or scandalous
matter;

(b) Consists of or comprises matter that may disparage or falsely
suggest a connection with persons living or dead, institutions, beliefs
or national symbols, or bring them into contempt or disrepute;

(c) Consists of or comprises the flag or coat of arms or other
insignia of the United States, or of any state or municipality, or of any
foreign nation, or any simulation thereof;

(d) Consists of or comprises the name, signature or portrait of any
living individual except with the individual’s written consent;

(e) Consists of or comprises a mark that so resembles a mark
registered in this state as to be likely, when applied to the goods or
services of the applicant, to cause confusion or mistake or to deceive; or

(f) Consists of a word, phrase, symbol, device or combination
thereof that:

(A) When applied to the goods or services of the applicant is
merely descriptive or deceptively misdescriptive of them;

(B) When applied to the goods or services of the applicant is
primarily geographically descriptive or deceptively misdescriptive of
them; or

(C) Is primarily merely a surname.

(2) Nothing in subsection (1)(f) of this section shall prevent the
registration of a mark used in this state by the applicant that has
become distinctive of the applicant’s goods or services. The Secretary of
State may accept as evidence that the mark has become distinctive, as
applied to the applicant’s goods or services, proof of continuous use
thereof as a mark by the applicant in this state or elsewhere for the
five years next preceding the date of the filing of the application for
registration. [1961 c.497 §2; 1965 c.511 §4; 1971 c.318 §3; 1985 c.728
§85; 2005 c.22 §450] (1) Upon
compliance by the applicant with the requirements of this chapter, the
Secretary of State:

(a) Shall file the original application; and

(b) Shall issue and return to the person who submitted the
application a certificate of registration.

(2) The Secretary of State may designate the copy of the
application marked “filed” to be the certificate of registration.

(3) Any certificate of registration issued by the Secretary of
State under this chapter, or a copy thereof duly certified by the
Secretary of State, shall be prima facie evidence in any action or
judicial proceeding in any court of this state of:

(a) The validity of the registration of the mark.

(b) Registrant’s ownership of the mark.

(c) Registrant’s exclusive right to use the mark in trade within
the state in connection with the goods or services specified in the
application. [1961 c.497 §4; 1965 c.511 §5; 1971 c.318 §4; 1985 c.728 §86](1) Registration of a mark under this chapter shall be
effective for a term of five years from the date of registration and may
be renewed for successive five-year terms. The registration shall be
renewed if the mark is still in use and the registrant submits a signed
and verified application on a form to be furnished by the Secretary of
State within 90 days prior to the expiration of the term of registration.

(2) The Secretary of State shall notify each registrant of a mark
under this chapter of the necessity of renewal at least 90 days prior to
the expiration of the term of registration by writing to the address
shown for the registrant in the current records of the Office of the
Secretary of State.

(3) Each application for a renewal under this section shall include:

(a) A statement that the mark is still in use in this state;

(b) A mailing address to which the Secretary of State may mail
notices; and

(c) Additional information that the Secretary of State by rule may
require.

(4) The Secretary of State shall keep for public examination a
record of all marks registered or renewed under this chapter. [1961 c.497
§§5,7; 1965 c.511 §6; 1971 c.318 §5; 1981 c.633 §72; 1985 c.728 §86a;
1989 c.931 §2; 1991 c.132 §21] Any mark and its
registration under this chapter shall be assignable with the goodwill of
the business in which the mark is used, or with that part of the goodwill
of the business connected with the use of and symbolized by the mark.
Assignment shall be by instruments in writing and signed and may be
submitted for filing to the Office of the Secretary of State. The
Secretary of State, upon filing the assignment, shall notify the assignee
of the filing of the assignment. An assignment of any registration under
this chapter shall be void as against any subsequent purchaser for
valuable consideration without notice unless it is submitted for filing
to the Office of the Secretary of State within three months after the
date thereof or prior to such subsequent purchase. [1961 c.497 §6; 1965
c.511 §7; 1971 c.318 §6; 1985 c.351 §25; 1985 c.728 §87a; 2005 c.22 §451] (1) The Secretary of State
shall cancel a registration of a mark when:

(a) The Secretary of State receives a voluntary request from the
registrant or the assignee of record to cancel the registration.

(b) The registration has not been renewed in accordance with the
provisions of ORS 647.055.

(c) A court of competent jurisdiction either orders cancellation of
the registration or finds that:

(A) The registered mark has been abandoned.

(B) The registrant is not the owner of the mark.

(C) The registration was granted improperly.

(D) The registration was obtained fraudulently.

(2) The Secretary of State may cancel a registration of a mark
when, after providing the registrant with an opportunity for a hearing,
the Secretary of State makes a written finding that:

(a) The registered mark has been abandoned.

(b) The registrant is not the owner of the mark.

(c) The registration was obtained fraudulently.

(d) The Secretary of State filed the registration in error.

(3) The Secretary of State’s cancellation of a registration under
this section is a final order within the meaning of ORS 183.480 to
183.497. [1961 c.497 §8; 1965 c.511 §8; 1971 c.318 §7; 1981 c.633 §73;
1985 c.728 §88](Remedies) (1) No
person shall procure or maintain on behalf of the person or any other
person the filing or registration of any mark in the Office of the
Secretary of State under the provisions of this chapter, by knowingly
making any false or fraudulent representation or declaration, orally or
in writing, or by any other fraudulent means.

(2) A person who violates subsection (1) of this section is liable
to pay all damages sustained in consequence of such filing or
registration, to be recovered in any court of competent jurisdiction by
or on behalf of the party injured thereby. [1961 c.497 §10; 1965 c.511
§9; 1971 c.318 §8; 1981 c.633 §73a] (1)
Subject to the provisions of ORS 647.115 and subsection (2) of this
section, a person is subject to a civil action by the owner of a
registered mark for any or all of the remedies provided in ORS 647.105
and 647.111 if such person:

(a) Uses, without the consent of the registrant, any reproduction,
counterfeit, copy or colorable imitation of a mark registered under this
chapter in connection with the sale, offering for sale or advertising of
any goods or services on or in connection with which such use is likely
to cause confusion or mistake or to deceive as to the source of origin of
such goods or services; or

(b) Reproduces, counterfeits, copies or colorably imitates any such
mark and applies such reproduction, counterfeit, copy or colorable
imitation to labels, signs, prints, packages, wrappers, receptacles or
advertisements intended to be used upon or in conjunction with the sale
or other distribution in this state of such goods or services.

(2) The registrant is not entitled to recover profits or damages
under subsection (1)(b) of this section unless the acts have been
committed with knowledge that such mark is intended to be used to cause
confusion or mistake or to deceive. [1961 c.497 §11; 1965 c.511 §10; 1985
c.566 §1] (1) Any owner of a mark
registered under this chapter may proceed in a civil action to obtain any
remedy or combination of remedies provided in this section against any
person who engages in the manufacture, use, display or sale of any
counterfeits or imitations of the mark. Any court of competent
jurisdiction may grant injunctions to restrain such manufacture, use,
display or sale as may be by the court deemed just and reasonable and
shall require the defendant to pay to the owner the greater of $10,000 or
the sum of:

(a) An amount not to exceed three times the profits derived by the
defendant from the wrongful manufacture, use, display or sale; and

(b) An amount not to exceed three times all damages suffered by the
owner because of the wrongful manufacture, use, display or sale.

(2) If the court under this section determines that a mark is
counterfeit:

(a) The court may order the destruction of all such counterfeit
marks, all means of making the marks and all goods, articles or other
matter bearing the marks that are in the possession or control of the
court or any party to the action; or

(b) Upon consent of the owner of the mark, the court may dispose of
the materials after the counterfeit mark is obliterated, if obliteration
does not destroy the materials bearing the mark, by ordering their
transfer to any governmental entity, the owner of the mark, a charitable
organization or any appropriate private person other than the person from
whom the materials were obtained.

(3) The court under this section also may order seizure of the
counterfeit goods in the manner provided in ORS 647.111. [1961 c.497 §12;
1965 c.511 §11; 1985 c.566 §2] Likelihood of injury to
business reputation or of dilution of the distinctive quality of a mark
registered under ORS 647.015, or a mark valid at common law, or a trade
name valid at common law, shall be a ground for injunctive relief
notwithstanding the absence of competition between the parties or the
absence of confusion as to the source of goods or services. [1971 c.122
§2](1) In a civil action under
ORS 647.105, upon motion by the plaintiff with or without notice to the
defendant, the court may order seizure of the counterfeit goods from any
person manufacturing, displaying for sale or selling the goods if the
plaintiff shows good cause and a probability of success on the merits and
posts an undertaking under subsection (6) of this section.

(2) If the plaintiff makes a motion without notice to the defendant
for an order for seizure and the court determines from the motion that
there is good reason for proceeding without notice to the defendant, the
court may waive the requirement of notice and order seizure of the
counterfeit goods.

(3) Any person from whom seizure is effected by order of the court
under this section shall be served with the order at the time of the
seizure. The order of seizure shall set forth:

(a) The date or dates on which the seizure is ordered to take place;

(b) A description of the counterfeit goods to be seized;

(c) The identity of the person or description of the authority of
the person who will seize the counterfeit goods;

(d) A description of the location or locations at which seizure is
to occur; and

(e) A hearing date not more than 10 court days after the last date
on which seizure is ordered at which any person from whom goods are
seized may appear and seek release of the seized goods.

(4) If the plaintiff causes seizure of goods that are not
counterfeit, the plaintiff shall be liable for the following damages,
costs and expenses:

(a) Any damages proximately caused by the seizure of goods that are
not counterfeit to any person having a financial interest in the seized
goods.

(b) Costs incurred by any person in defending against seizure of
noncounterfeit goods.

(c) Expenses, including reasonable attorney defending against the
seizure of any noncounterfeit or noninfringing goods, upon a showing that
the plaintiff acted in bad faith in causing the seizure to occur.

(d) Punitive damages, if warranted.

(5) A person seeking a recovery under subsection (4) of this
section may join any surety on an undertaking posted under subsection (6)
of this section. Any judgment of liability shall bind the person liable
under subsection (4) of this section and the surety jointly and
severally, but the liability of the surety shall be limited to the amount
of the undertaking.

(6) The court shall set the amount of the undertaking required by
subsection (1) of this section in accordance with the recovery of
damages, costs and expenses under subsection (4) of this section that
would be likely if the court ultimately were to determine that the goods
seized were not counterfeit.

(7) Any person entitled to recover under subsection (4) of this
section, within 30 days after the date of seizure, may object to the
undertaking on the ground that the surety or the amount of undertaking is
insufficient.

(8) The motion filed pursuant to subsection (1) of this section
shall include a statement:

(a) Advising the person from whom the goods are seized that the
undertaking has been filed;

(b) Informing the person of the right to object to the undertaking
on the ground that the surety or the amount of the undertaking is
insufficient; and

(c) Advising the person from whom the goods are seized that the
objection to the undertaking must be made within 30 days after the date
of seizure. [1985 c.566 §4](1) Nothing in
this chapter shall adversely affect the rights or the enforcement of
rights in marks or trade names acquired in good faith at any time at
common law.

(2) The enumeration of any right or remedy in this chapter does not
affect the right of a registrant to prosecute under any penal law of this
state. [1961 c.497 §14; 1965 c.511 §12; 1985 c.566 §5; 1985 c.728 §89] (1) A person commits trademark
counterfeiting if the person knowingly and with the intent to sell or
distribute and without the consent of the registrant uses, displays,
advertises, distributes, offers for sale, sells or possesses any item
that bears a counterfeit of a mark or any service that is identified by a
counterfeit of a mark registered under this chapter or registered under
this chapter or registered under 15 U.S.C. 1052 with knowledge that the
mark is counterfeit.

(2) For purposes of this section, a mark is counterfeit if:

(a) It is a mark that is identical to or substantially
indistinguishable from a registered mark; and

(b) It is used on or in connection with the same type of goods or
services for which the genuine mark is registered.

(3) A person does not commit trademark counterfeiting if the person
has adopted and lawfully used the same or a confusingly similar mark in
the rendition of like services or the manufacture of like goods in this
state from a date before the effective date of registration of the
service mark or trademark and continues to use the mark after the
effective date of registration. [1999 c.722 §2] (1) A
person commits the crime of trademark counterfeiting in the third degree
if the person commits trademark counterfeiting as described in ORS
647.135 and:

(a) The total number of items bearing the counterfeit mark is not
more than 100; or

(b) The total retail value of all of the items bearing the
counterfeit mark or services that are identified by the counterfeit mark
is not more than $1,000.

(2) Trademark counterfeiting in the third degree is a Class A
misdemeanor. Notwithstanding ORS 161.655, if the person convicted under
this section is a corporation, the maximum fine that may be imposed is
$100,000. [1999 c.722 §3] (1) A
person commits the crime of trademark counterfeiting in the second degree
if the person:

(a) Commits trademark counterfeiting as described in ORS 647.135
and:

(A) Has one prior conviction for trademark counterfeiting in any
degree;

(B) The total number of items bearing the counterfeit mark is more
than 100 but less than 1,000; or

(C) The total retail value of all of the items bearing the
counterfeit mark or services that are identified by the counterfeit mark
is more than $1,000 but less than $10,000.

(b) Knowingly manufactures or produces with intent to sell or
distribute any item that bears a counterfeit mark or any service that is
identified by a counterfeit mark.

(2) Trademark counterfeiting in the second degree is a Class C
felony. However, notwithstanding ORS 161.655, if the person is convicted
under:

(a) Subsection (1)(a)(A) of this section and is a corporation, the
maximum fine that may be imposed is $200,000.

(b) Subsection (1)(b) of this section and the person has one prior
conviction for trademark counterfeiting in any degree and is a
corporation, the maximum fine that may be imposed is $200,000. [1999
c.722 §4] (1) A
person commits the crime of trademark counterfeiting in the first degree
if the person commits trademark counterfeiting as described in ORS
647.135 or 647.145 (1)(b) and:

(a) Has two or more prior convictions for trademark counterfeiting
in any degree;

(b) The total number of items bearing the counterfeit mark is 1,000
or more; or

(c) The total retail value of all of the items bearing the
counterfeit mark or services that are identified by the counterfeit mark
is $10,000 or more.

(2) Trademark counterfeiting in the first degree is a Class B
felony. [1999 c.722 §5] (1) The following are
subject to seizure and forfeiture in the same manner as the proceeds of
prohibited conduct under ORS chapter 475A:

(a) All raw materials and equipment that are used, or intended for
use, in providing, manufacturing and delivering items bearing a
counterfeit mark or services identified by a counterfeit mark;

(b) All conveyances that are used, or intended for use, to
transport items bearing a counterfeit mark;

(c) All books, records, computers and data that are used or
intended for use in the production, manufacture, sale or delivery of
items bearing a counterfeit mark or services identified by a counterfeit
mark; and

(d) All moneys, negotiable instruments, balances in deposit or
other accounts, securities or other things of value furnished or intended
to be furnished by any person in the course of activity constituting a
violation of ORS 647.140, 647.145 or 647.150.

(2) Items bearing a counterfeit mark are subject to seizure and
disposition as provided in ORS 133.525 to 133.703. However, if the
registrant so requests, the agency holding the seized items shall release
the seized items to the registrant or make such other disposition as the
registrant directs. If the registrant does not direct disposition of the
seized items, the agency shall destroy the items. [1999 c.722 §6; 2001
c.780 §§17,17a]ROYALTIES FOR NONDRAMATIC MUSICAL WORKS

As used in ORS
647.700 to 647.730, unless the context requires otherwise:

(1) “Copyright owner” means the owner of a copyright of a
nondramatic musical or similar work recognized and enforceable under the
copyright laws of the United States pursuant to title 17 of the United
States Code (P.L. 94-553, 17 U.S.C. 101 et seq.).

(2) “Nondramatic” means the public performance of a recorded,
broadcast or live musical work. “Nondramatic” does not include the
performance of a dramatic work, including a play.

(3) “Performing rights society” means an association or corporation
that licenses the public performances of nondramatic musical works on
behalf of copyright owners, including but not limited to:

(a) The American Society of Composers, Authors and Publishers
(ASCAP);

(b) Broadcast Music, Inc. (BMI); and

(c) The Society of European Stage Authors and Composers (SESAC).

(4) “Proprietor” means the 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 nondramatic musical
works or similar copyrighted works may be performed, broadcast or
otherwise transmitted for the enjoyment of members of the public there
assembled.

(5) “Royalty” or “royalties” means the fees payable to a copyright
owner or performing rights society for the public performance of
nondramatic musical works or other similar works. [1997 c.236 §1]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. A performing
rights society shall not enter into, or offer to enter into, a contract
for the payment of royalties by a proprietor unless the performing rights
society agrees to provide to the proprietor upon request at the
proprietor’s place of business, by electronic means or otherwise:

(1) Information as to whether specific copyrighted musical works
are in the repertoire of the performing rights society;

(2) The opportunity to review the most current available list of
the performing rights society’s members or affiliates; and

(3) The schedule of rates and terms of the royalties to be
collected under the contract, including any sliding scale or schedule for
any increase or decrease of the rates for the duration of the contract.
[1997 c.236 §2]Note: See note under 647.700. Every
contract for the payment of royalties between a proprietor and a
performing rights society executed, issued or renewed in this state shall
be:

(1) In writing;

(2) Signed by the parties; and

(3) Written to include, at a minimum, the following information:

(a) The proprietor’s name and business address and the name and
location of each place of business to which the contract applies;

(b) The name of the performing rights society;

(c) The duration of the contract; and

(d) The schedule of rates and terms of the royalties to be
collected under the contract, including any sliding scale or schedule for
any increase or decrease of the rates for the duration of the contract.
[1997 c.236 §3]Note: See note under 647.700. (1) A performing rights society or any
agent or employee thereof shall not:

(a) Enter onto the premises of a proprietor’s business for the
purpose of discussing or inquiring about a contract for the payment of
royalties with the proprietor or the proprietor’s employees, without
first providing identification to the proprietor or the proprietor’s
employees and making known to them the purpose of the discussion or
inquiry;

(b) Engage in any coercive conduct, act or practice that is
substantially disruptive to a proprietor’s business;

(c) Use or attempt to use any unfair or deceptive act or practice
in negotiating with a proprietor; or

(d) Fail to comply with or fulfill the obligations imposed by ORS
647.705 and 647.710.

(2) Nothing in ORS 647.700 to 647.730 shall be construed to
prohibit a performing rights society from conducting investigations to
determine the existence of music use by a proprietor or informing a
proprietor of the proprietor’s obligation under the copyright laws of the
United States pursuant to title 17 of the United States Code (P.L.
94-553, 17 U.S.C. 101 et seq.). [1997 c.236 §4]Note: See note under 647.700. In the event of a violation
of ORS 647.705, 647.710 or 647.715, any person may bring an action to
recover actual damages and reasonable attorney fees or seek an injunction
or any other remedy available at law or in equity. [1997 c.236 §5]Note: See note under 647.700. The rights, remedies and
prohibitions contained in ORS 647.700 to 647.730 shall be in addition to
and cumulative to any other right, remedy or prohibition accorded by
common law, federal law or the statutes of this state, and nothing
contained in ORS 647.700 to 647.730 shall be construed to deny, abrogate
or impair any common law or statutory right, remedy or prohibition. [1997
c.236 §6]Note: See note under 647.700.ORS 647.700 to
647.730 do not apply to contracts between copyright owners or performing
rights societies and broadcasters licensed by the Federal Communications
Commission or to contracts with cable television operators, cable
television programmers or other similar transmission services. ORS
647.700 to 647.730 do not apply to musical works performed in
synchronization with an audiovisual film or tape. [1997 c.236 §7]Note: See note under 647.700.

_______________