An AI-generated work based on a model could violate many of the tests for fair use (purpose & character, amount & substantiality, effect on market or value). But it's unclear whether "fair use” considerations apply once the model has been trained; it's almost as if model training (a "fair use”) acts as a firewall to protect the makers and users of generative tools (often an “unfair” one) from consequences. It's a transitivity problem.
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