When I read someone else’s essay I may intend to write essays like that author. When I read someone else’s code I may intend to write code like that author.
AI training is no different from any other training.
> If a court determines that the AI output you've used is close enough to be considered a derivative work, it's infringement.
Do you mean the output of the AI training process (the model), or the output of the AI model? If the former, yes, sure: if a model actually contains within it it copies of data, then sure: it’s a copy of that work.
But we should all be very wary of any argument that the ability to create a new work which is identical to a previous work is itself derivative. A painter may be able to copy Gogh, but neither the painter’s brain nor his non-copy paintings (even those in the style of Gogh) are copies of Gogh’s work.