Sora, which I refer to as "Sore-a" as it's not always great at doing *what you ask for*, has certainly used a ton of data that wasn't "authorized" -- but I have taken note that there are specific filters it refuses to act on, such as popular cartoon or comic characters, etc. This likely means they have a big "DMCA list" somewhere.
I once asked for Miss Piggy to be dancing in a background, and it gave me something that looked like "Elf on a Shelf" instead LOL.
But, AI *has* to use reference material. That's how it learns, works and extrapolates. It's how the human brain works, too. If something is that publicly available, then what is "unauthorized use"? This is about content quality and control of copyright, for one. But if paint Miss Piggy and it becomes a popular artwork piece, would I then be sued? Did I use unauthorized reference? Where would that even go?
The courts are going to have to decide this one and I think it will take a while. There are fair arguments from both sides.
I'm concerned that a balance won't ever be achieved, that there is the potential for censorship being the norm, with multiple DMCA takedowns and the fear of being sued will impact the level and quality of service the public has. That will spawn a number of free tools that accomplish the same (I think that's already happening). I'm sure this will get very interesting.