Edit(seriously):
>Transformativeness is a characteristic of such derivative works that makes them transcend, or place in a new light, the underlying works on which they are based. In computer- and Internet-related works, the transformative characteristic of the later work is often that it provides the public with a benefit not previously available to it, which would otherwise remain unavailable.(Wikipedia)
I am sure Napster or the like argued that what they were doing was transformative.
Not sure how AI companies are arguing about PUBLIC benefit if you have to pay...
It has to be sufficiently transformed. Simply scanning it doesn't qualify. The legal system by contrast is leaning toward training of AI as being sufficiently transformative.