[catlikesshrimp]

>> derivative work or a transformative one?

This isn't solved even for humans. There are trials that clear misunderstandings about fair use. (Every developer here has heard of this one: https://en.m.wikipedia.org/wiki/Google_LLC_v._Oracle_America....)

Artificial Intelligence currently has no concept of responsibility (not legal, not ethical), and it will never have existential threats derived from law. The only way that I can think of, as of right now, is that every single product touched by AI must have a human who is legally responsible for it.