I am not a copyright lawyer etc etc disclaimer etc...

at the home barbecue he is performing in private - no problems...

at the bistro he is performing in public and technically the VENUE needs to pay performance rights on any copyright music performed.

The patron who records is in technical violation of copyright laws - but if only the single copy is made then a good case cood be made for "time-shift" and fair usage. if multiple copies made then a mechanical license fee is owed.

playing for the canceled rock group - again - the VENUE is responsible for performance fees.

note: it is NOT whether or not money is being accepted. For performance fees it is the difference betwseen "public" and "private" and the definitions can get pretty petty. As far as recording - as I understand it in the US - if a piece has been published and mechanical copyright fees have been paid then they can not prevent you from recording. (not - this does NOT mean you can record someone ELSE performing without their permission)