In Audible’s case, they’re already selling access to a recording in perpetuity; your examples are all live performances. There’s a colorable distinction here, and there’s no need to force people to make recordings if they don’t want to.
A harder question is where the line between these two regimes should be: movie theaters and television stations are generally treated like performances despite showing recorded content. Netflix acts like a rental company: when you drop your subscription, you lose access to their library.
Well, stretching the analogy a bit, a lawyer could argue that Netflix's act of streaming a piece of content is a live performance - you're not paying for the video, but rather to access this "Netflix theatre".
A harder question is where the line between these two regimes should be: movie theaters and television stations are generally treated like performances despite showing recorded content. Netflix acts like a rental company: when you drop your subscription, you lose access to their library.