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I have no actual answer, but given the very messy state of AI legality right now, I imagine it could be a while before we're even able to define everything well enough to establish a solid legal framework for this sort of thing.
That said, I'd be happy to be proven wrong - this is definitely an important idea for society moving forward.
I mean, is copyright not specifically designed (by the big corporations mind you) to default to not allowing content to be used unless permission is explicitly given by the rights holder? So shouldn't the answer to whether any content can be used is a big NO unless the author or distributor specifically allows it to be used?
There's this thing called fair use .
The usage is clearly limited as can be determined by size of trained materials versus size of models. I would argue the use is transformative enough, after all you got from text/image inputs to effectively a tool that can produce texts and images.
If I write a story too similar to a Disney movie I will get sued, yet this is okay? Wtf
I think one of the problems right now is the lack of a proper legal definition of what is AI doing with your material. A human learning how to create original work by reading your work would not be required to cite it. The question is why and how exactly is AI doing something different.
But if a human straight up copies someone else's writing, that's illegal. AI spits out word for word passages from training data all the time.
You might have more luck asking on https://opensource.stackexchange.com/. I'd certainly hope that somebody using data from an AI trained on that image should be required to give attribution or shouldn't be allowed to use it if modification is not allowed.