Not trying to express an opinion on the legal matter, but as a technical matter it's pretty obvious that LLMs create copies of (some of) their training data.
Unless you're claiming that GPT-3.5 is deriving the Declaration of Independence (from information about the founding fathers?) I don't see how there's room for debate about whether information has been "copied" into the model.
I have done this test in the past with copyrighted material (harry potter) but they have since added safeguards against it, but my understanding is that the model is still capable of it.
Here's GPT-3.5 reciting the Declaration of Independence: https://chat.openai.com/share/eb30c373-7fec-4280-892d-479567...
Unless you're claiming that GPT-3.5 is deriving the Declaration of Independence (from information about the founding fathers?) I don't see how there's room for debate about whether information has been "copied" into the model.
I have done this test in the past with copyrighted material (harry potter) but they have since added safeguards against it, but my understanding is that the model is still capable of it.