If you aren't streaming you have no responsibility to safe guard the copyright for someone who does, it isn't a copyright violation until someone publishes it,

If you aren't streaming you have no responsibility to safe guard the copyright for someone who does, it isn't a copyright violation until someone publishes it, and that copyright violation is on the publisher. He knowingly played music, the person live streaming knowing streamed it to those viewers. What's interesting is that Instagram seems to be taking a really liberal approach to DMCA, and I'm guessing if they get an official take down notice, those video will come down, or at least be muted. What would be really interesting is to see someone build an application that will mute, just the parts of the audio that are copyrighted, and try to isolate, the speakers audio.