Machine learning falls under the category of AI. I agree that works produced by LLMs should count as derivative works, as long as they're not too similar.
Not every work produced by a LLM should count as a derivative work—just the ones that embody unique, identifiable creative elements from specific work(s) in the training set. We don't consider every work produced by a human to be a derivative work of everything they were trained on; work produced by (a human using) an AI should be no different.
Machine learning falls under the category of AI. I agree that works produced by LLMs should count as derivative works, as long as they're not too similar.
Not every work produced by a LLM should count as a derivative work—just the ones that embody unique, identifiable creative elements from specific work(s) in the training set. We don't consider every work produced by a human to be a derivative work of everything they were trained on; work produced by (a human using) an AI should be no different.