IANAL, but the above citation says AND, implying that it may be legal to take the photo or recording, if you don't also distribute it, or to distribute it, if

IANAL, but the above citation says AND, implying that it may be legal to take the photo or recording, if you don't also distribute it, or to distribute it, if you don't also create it- so you would have to do both. I may be completely wrong with this interpretation though, and the wording is too vague.