[jefftk]

That's right: the model is definitely capable of creating things that are clearly a derivative work of what they were trained on. But this still leaves two questions:

* Does the model require a copyright license? Personally I think it's very likely a derivative work, but that doesn't necessarily mean you need a license. The standard way this works in the US is the four factors of fair use (https://copyright.columbia.edu/basics/fair-use.html) where Factor 1 is strongly in favor of the model being unrestricted while 2-4 are somewhat against (and in some cases 4 is strongly against).

* Is all output from the model a derivative work of all of the input? I think this is pretty likely no, but unclear.

* Does the model reliably only emit derivative works of specific inputs when the user is trying to get it to do that? Probably no, which makes using one of these models risky.

(Not a lawyer)