> There’s nothing legally inconsistent about passing a law saying, e.g., “ML training is not fair use”.
Is it still fair use to take inspiration from another artist's work? How can the courts necessarily tell if the art was made using AI or if it's just someone stealing another artist's style? Theft of style isn't currently recognized under the law, but it could be.
Some variants of “theft of style” are recognized by some courts already, please see the legal literature on music copyright and the recent 7-2 SCOTUS decision on Warhol’s Prince series.
Is it still fair use to take inspiration from another artist's work? How can the courts necessarily tell if the art was made using AI or if it's just someone stealing another artist's style? Theft of style isn't currently recognized under the law, but it could be.