[gcanyon]

I'd argue your brain is that "machine or device" -- the fact that the storage and the playback mechanism are one and the same is irrelevant. The fact that you have to be willing/induced to replay the content back just makes you a worse machine :-)

[tzs]

Interesting argument but not likely to go far. As far as I can tell US copyright law has never been taken to include brains as machines or devices.

This is actually relevant in some real cases, namely improvised works. Attempts to claim copyright on improvised works that were not recorded have generally failed. If brains counted as machines or devices than the work inside the performer's head would be a recording and the work would have copyright.

That is one of the reasons it is usually recommended that musicians should record their live performances. That gets them copyright on anything they improvise during the show. Also it gets them copyright on that particular performance of their music, which helps them go after anyone who makes an unauthorized recording of the show. (Copyright is only automatic upon recording when the recording is by or under the authority of the creator).