[icebraining]

No, because there's a law specifically about live musical performances: http://www.copyright.gov/title17/92chap11.html

[waqf]

That law is about fixing the sounds themselves, which is specifically what andromeduck is proposing not to do.

It's conceivable that andromeduck's distinction won't stand up in law, but you haven't addressed it.

[icebraining]

Ah, right, fair enough.