I find the "they didn't have permission to train from" argument is complete bunk. That's not a right granted by intellectual property laws; there is no "right to control who learns from a work".
Yeah, but is an AI LEGALLY learning? Or is it just a machine that spits out output based on its inputs? In that case, use of the work as input isn't allowed under the copyright, which is that the work be used by reading it.
All these comparisons between what an AI is doing and what a human does when reading/learning/etc are not a given in a court of law. We don't have any rulings yet that an AI is actually "learning" like a human when it is "trained."
"Training" an AI is building a tool. A tool that can be used to profit. Can artistic works be used to build a for-profit tool without permission?
This is something that needs to be decided, and it will be decided in a way that whatever the rules are for AI can't be applied to a human. Meaning if there is a requirement for permission for use in machine learning, that won't change that a human can learn from it. So the comparison is pointless, because there is no way the courts are going to rule that these things are legally indistinguishable from people.
In the meantime, back to the original, there ARE precedents for use of performance because of recordings. That's why the studios wanted that in the contract, they KNOW they cannot manipulate a person's performance through AI without their express written permission. Is it REALLY so hard to believe this can be applied to writing or art? That they can't use writing or art without the artist's express permission.
We may see a new kind of copyright soon that specifically disallows use for AI, and another that is open for use with AI. Something to replace Creative Commons on the internet.