If the AI is learning to repeat text (e.g. Copilot) or images (e.g. Dall-E), then that makes it possible to reproduce the copyrighted works, so I would agree that that case is not fair use. -- It would be akin to compressing and distributing those works.
If the AI is learning patterns -- such as "muggle" being a noun that relates to Harry Potter, or that the lemma for "muggles" is "muggle" -- then that is less clear. You can avoid the situation by creating your own sentences with those terms in them, and annotating those sentences instead of the copyrighted ones. That way, the AI is still learning the same information.
If the AI is learning to repeat text (e.g. Copilot) or images (e.g. Dall-E), then that makes it possible to reproduce the copyrighted works, so I would agree that that case is not fair use. -- It would be akin to compressing and distributing those works.
If the AI is learning patterns -- such as "muggle" being a noun that relates to Harry Potter, or that the lemma for "muggles" is "muggle" -- then that is less clear. You can avoid the situation by creating your own sentences with those terms in them, and annotating those sentences instead of the copyrighted ones. That way, the AI is still learning the same information.