No, but that needs new laws. Not an abuse of the old ones justified under the thinnest of pretenses.
I don't think that folks stop to consider what bending copyright law into these weird shapes to meet their ends will do to other aspects of copyright.
For example, sampling in music. How is that different from AI generated music? If anything AI uses LESS of any individual song. You can't just say "no derivative works." That would fully halt progress on many fronts.