The legal argument advanced by generative AI companies is that AI trained on copyrighted works is not an infringement of copyright since these models are not copying the training data; rather, they are designed to learn the associations between the elements of writings and images.
Legal scholars have dubbed the challenge in developing guardrails against copyright infringement into AI tools the 'Snoopy problem.' The more a copyrighted work is protecting a likeness - for example, the cartoon character Snoopy - the more likely it is a generative AI tool will copy it compared to copying a specific image.
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