This article claims generative AI systems are in a precarious legal position because you can ask them to generate images of copyrighted characters like Spider-Man or Mario & Luigi.

I think this concern isn’t valid. A tool being able to draw Spider-Man because you asked it too isn’t copyright infringement until you do something with that image. Otherwise drawing Spider-Man in Photoshop as a personal sketch would be illegal without a license.

Of course, I’m not a lawyer.
https://garymarcus.substack.com/p/things-are-about-to-get-a-lot-worse

Things are about to get a lot worse for Generative AI

A full of spectrum of infringment

Marcus on AI
@carnage4life I'm no lawyer either, but I think copyright covers even just the creation of derivative work. So fan art is technically illegal at creation and usually gets caught when it's distributed. And most of the time the copyright holders don't care/isn't worth it to go after them. But going after OpenAI or Microsoft might be worth it, or prolific enough to want to stop them