[altairprime]

From a U.S. standpoint: Licensing is a function of copyright. A work not subject to copyright cannot be licensed productively as-is, as the public domain quality of the work is a trivial and conclusive defense against a licensor’s claims of copyright violation. Fair use is not subject to copyright. Since licensing enforcement is only possible with an applicable copyright, enforcement cannot be completed against fair uses, as copyright law is not applicable to fair uses and therefore licensing enforcement has no legal basis. However, a judgment may overturn a defense of fair use brought against a defendant in a licensing enforcement claim, which would then subject the defendant’s use to copyright law and thus to license enforcement.

It’s midnight now, so you’re on your own to dig up and review specific instances of relevant case law, or to contrast with non-U.S. laws. Licensing above refers to i.e. LICENSE files of the specific sort that this post is about ("MIT Non-AI License"); other definitions of licensing, as well as e.g. DMCA exceptions, exist that might be of interest for you to explore further. I believe there’s been a handful of cases related to AI and fair use this past year, but as with all such defenses, unique circumstances are common enough that I hesitate to suggest any future outcome as 100% certain without much more case law than AI has today. (I am not your lawyer, this is not legal advice.)