If the model was trained on works by artists (without their knowledge or consent, as seems to be the case) and you get it to spit out art that is basically identical in either content or style to that artist, and they don’t know, or are too poor to effectively sue you, should they just suffer? If you then make money off what is effectively their work, why shouldn’t they get paid? If they only work on commission and rightfully charge a premium, are you not actively gouging their business (knowingly or not)?

I don’t think they should miss out on the protections, or the ability to make money off their work if they desire. The fact that LLM’s give this “plausible deniability” shouldn’t be an excuse to tolerate it.