This is completely wrong, the digital art industry is enormous and, mind you, pretty uniformly pissed off that this model has been trained off of their non public-domain work.
AI will need some favorable legal precedents to avoid getting banned though, or else they'll have to only train off CC0 Flickr/Wikipedia scraping.
I also think it's a more obvious problem that it can reproduce copyrighted characters by eg prompting for "Homer Simpson".