The argument is "An artist getting inspired by a work and creating something similar is allowed, but photocopying, photographing a painting or statue, or using samples in music-making can be fraught with legal problems.

One of the major dividing lines between legal and illegal is whether it's a purely mechanical process, or done by human hands. The training of LLMs and diffusion models is a purely mechanical process, more like photocopying or photographing than an artist gaining inspiration"