[LegionMammal978]

Do CD players tend to keep any more than a few seconds' worth in memory? If not, you could easily argue that any given segment is too short to contain copyrightable expression. But fair use is a very particular concept about the ultimate purpose of producing a copy, which I don't think would apply to any scenario along these lines.

[Dylan16807]

Some CD players buffer a full minute or longer, and also samples have been considered copyright infringement even when they're a second long.

[LegionMammal978]

Clearly, it would be infringement if you buffered a minute of audio from CD into a player, then sold that player to someone else (without unpowering it) while keeping the CD for yourself. So I guess you might be right, and it could be fair use that allows it in the typical case (assuming it is allowed).