I believe this was actually a problem with earlier versions of Photoshop before 22.4 and is hopefully fixed with the latest update. Since there was previously only a single "Save As" command, there was no way to know at the time you record the menu item whether you intend to save as a copy or not (and the "With Copy" attribute was always arbitrarily added to the save action step). Now that there are separate menu commands for each, you can insert the one you intend. With today's release (22.4.2)
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