I think we’d be in a much more agreeable place if we just legally state that a commercial AI tools training isn’t fair use.
Good luck getting any federal law changes through before 2028, at best. So, for at least a couple of years, we get to use the existing laws to address generative “AI”'s use of works still under copyright protection.
Any change in status before then we be policy changes by the U.S. Copyright Office, but they have already come down against training (mostly; the publications are long because there’s a lot of nuance).
Good luck getting any federal law changes through before 2028, at best. So, for at least a couple of years, we get to use the existing laws to address generative “AI”'s use of works still under copyright protection.
Any change in status before then we be policy changes by the U.S. Copyright Office, but they have already come down against training (mostly; the publications are long because there’s a lot of nuance).