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As in all cases it depends on jurisdiction. For example where I am performers have a right to not be recorded so you may in fact not make such recording, you didn’t not necessarily violate copyright but you violated related rights.

And likewise if you distribute any sort of copy of the recording you made you are violating at least one if not more copyrights.

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where I live, anything in public view is allowed to be filmed/recorded, which is how the news can record things on the street without getting a release from those that they filmed, and they certainly distribute those recordings

If the news reporter said "Someone at a park played this 4 minute copyrighted song, and today's top story is just us showing you the recording" I'd bet that would be illegal where you live.

I remarked upon distribution in a comment above

> however I might violate their copyright by reconstructing that poem and then distributing it

My argument is that the recording itself is not a copyright violation, not that distributing such a recording couldn't be construed as one (however I disagree on principle with that being illegal as well, as it puts an undue burden on the exercise of free speech, which should include the ability to accurately and entirely recite what I had experienced in a public place).

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