It is derivative. There’s then a question of whether the derived work is sufficiently transformative to be fair use, which depends on what the model is outputti

It is derivative. There’s then a question of whether the derived work is sufficiently transformative to be fair use, which depends on what the model is outputting. But yeah that’s separate from the question of whether you properly licensed the data to train on in the first place. A big chunk of the computing community seems to approach licensing as “I can see it, so I can use it.” (See GPL code used where it shouldn’t be.)