Does it matter? When Google automated the scanning and digitization of millions of books for searching purposes, they were awarded Fair Use[0] protection despite using an
automated system to derive unauthorized digital copies of copyright-encumbered material.
AI is clearly more derivative than that. It's too early to call for sure, but it's hard to imagine what a "victory" for copyright holders even looks like at this point.
[0] https://en.wikipedia.org/wiki/Authors_Guild,_Inc._v._Google,....
