Recording Law for Video-Only Recording in Oregon

Oregon’s wiretap statute (ORS 165.540) regulates audio recording only. If your device captures only video or photos with no audio, Oregon law does not restrict that activity. The statute’s core rule targets obtaining "the whole or any part of a conversation by means of any device," and a conversation is defined as an oral communication between people, not a visual one. This means recording silent video or taking photos in public or private spaces is not covered by ORS 165.540 unless the recording also captures audio of a conversation. The law’s focus on audio is clear: it prohibits recording conversations without all parties’ notice, but silent video recording falls outside this rule entirely. Separately, the statute does not restrict silent video-only recording or photography at all.

Video conferencing calls (Zoom, Teams, FaceTime, etc.) are now expressly included in Oregon’s definition of a "conversation" under ORS 165.535(1). This means Oregon’s all-party notice rule applies to video calls conducted through a video-conferencing program just as it does to in-person conversations. If you record such a call without informing all participants, you violate ORS 165.540(1)(c). The law treats these calls like in-person exchanges, so the same notice requirement applies whether the conversation happens face-to-face or through a screen.

Oregon allows recording on-duty police officers, but only if done openly, audibly to normal unaided hearing, and from a lawful vantage point. Under ORS 165.540(5)(b), the recording must be "open" (visible to the officer), the audio must be within normal hearing range, and you must be in a place you have a legal right to occupy. Secret recording of police remains illegal and is a Class A misdemeanor under ORS 165.540(9). This exception does not apply if you hide the recording device, use a microphone to capture sounds beyond normal hearing, or record from a location you have no right to occupy.

Oregon’s all-party notice rule for conversations applies even in public places like parks, sidewalks, or cafes. The law does not carve out a general exception for public settings and does not condition liability on whether a conversation occurred in a location where people might expect privacy. The only exceptions are narrow and specific, such as recordings made at public hearings, trials, classes, press conferences, public speeches, rallies, sporting events, or meetings where all others knew or reasonably should have known the recording was being made (ORS 165.540(6)(a)). Ordinary conversations in public—like two people talking on a sidewalk—still require all participants’ notice to record the audio. The law’s focus is on the nature of the conversation and whether it falls within one of these enumerated categories, not merely the location where it happens.

Oregon’s "homeowner’s exception" (ORS 165.540(3)) allows a telecom subscriber or their family member to record conversations in their own home without notice. This includes recordings of their own conversations, family members, or even conversations between others, as long as the recording happens inside the subscriber’s residence. The exception is tied to both the location (the wearer’s own home) and the status (resident, owner, subscriber, or family member). It does not extend to other private spaces, like a friend’s apartment or a hotel room.

Imagine you’re at a public protest in Portland, wearing a camera that records only video and photos with no audio. You point your device at the crowd and take pictures of a speaker addressing the crowd. Since your device captures no audio, Oregon’s wiretap law does not apply. The recording is unrestricted under ORS 165.540. However, if your device also captures the speaker’s words, Oregon’s all-party notice rule for conversations would apply—unless the speaker is addressing a public gathering where recording is expected, like a public speech, rally, or similar event listed in ORS 165.540(6)(a).