[muzani]

First side effect in mind is Google. It scrapes public data and uses some AI in search.

But I think you might be on to something with derivative work, perhaps redefining derivative to include AI generated content. Shakespeare or Mona Lisa would be fine. It might allow training AI search engine spiders, but not training AI content generation.

What if someone writes Harry Potter fan fiction but puts an open license for that? AI might not be trained on Harry Potter itself, but it could be trained on millions of semi-legal fan fiction. That's frequently the source of X in the style of Y prompts.