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by concordDance 1707 days ago
It's not performance as there's the lack of intent to have others hear it and few will. You can play music for yourself in public even if others overhear.
1 comments

Doesn't playing a song with the explicit intention of having it be recorded count as having intent to perform?
It's really curious in this case though, the intent is for the music to trigger automated software that prevents performance. Hard to classify that as 'intent to perform' especially with USA's Fair Use.

My understanding is in UK causing a recording to be made (whether viewed or not) would be infringing. We have Fair Dealing but it's extremely restrictive compared to Fair Use.

Just my personal, private opinion.