Simply put, if the model isn’t producing an actual copy, they aren’t violating copyright (in the US) under any current definition.
As much as people bandy the term around, copyright has never applied to input, and the output of a tool is the responsibility of the end user.
If I use a copy machine to reproduce your copyrighted work, I am responsible for that infringement not Xerox.
If I coax your copyrighted work out of my phones keyboard suggestion engine letter by letter, and publish it, it’s still me infringing on your copyright, not Apple.
If I make a copy of your clip art in Illustratator, is Adobe responsible? Etc.
Even if (as I’ve seen argued ad nauseaum) a model was trained on copyrighted works on a piracy website, the copyright holder’s tort would be with the source of the infringing distribution, not the people who read the material.
Not to mention, I can walk into any public library and learn something from any book there, would I then owe the authors of the books I learned from a fee to apply that knowledge?
As much as people bandy the term around, copyright has never applied to input, and the output of a tool is the responsibility of the end user.
If I use a copy machine to reproduce your copyrighted work, I am responsible for that infringement not Xerox.
If I coax your copyrighted work out of my phones keyboard suggestion engine letter by letter, and publish it, it’s still me infringing on your copyright, not Apple.
If I make a copy of your clip art in Illustratator, is Adobe responsible? Etc.
Even if (as I’ve seen argued ad nauseaum) a model was trained on copyrighted works on a piracy website, the copyright holder’s tort would be with the source of the infringing distribution, not the people who read the material.
Not to mention, I can walk into any public library and learn something from any book there, would I then owe the authors of the books I learned from a fee to apply that knowledge?