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Re:OpenAI's justification for why training data is fair use,... by Spivak on Thursday October 05, 2023 @01:13PM (#37781230)
The only difference between the two cases is which human violated copyright. If you ask a musician to play a cover of a famous song without the requisite royalties they violated copyright. If you instruct a machine to do it you violated copyright. Machine has no thoughts, head empty, does not know what copyright is, does not know abc's.

Which is also why machines can't create copyrighted works either. The standard example is that making a machine to generate random images doesn't copyright them, but if an artist chooses some of them because they look good then he may copyright them.

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