To be a performance there has to be a creative element, not just a skill. Like wrestling for example, which is pre-scripted.
Otherwise someone jumping on a trampoline in his backyard could claim that he is performing and forbid the neighbor from recording him on a copyright basis (rather than a privacy basis - they are completely different laws).
Otherwise someone jumping on a trampoline in his backyard could claim that he is performing and forbid the neighbor from recording him on a copyright basis (rather than a privacy basis - they are completely different laws).