There's a lot of excluded middle between your 1 and 2. Off the top of my head, some other options to consider... - We could extend copyright statute to explici

There's a lot of excluded middle between your 1 and 2. Off the top of my head, some other options to consider... - We could extend copyright statute to explicitly allow training ML models only under particular conditions (for example, some kind of "non-commercial use" clause). - We could enact mechanical licensing for inputs to ML models, as exists for musical cover performances. Creators of the works used as inputs would get royalties. - We could require asking for permission to use a work as input, but standardized generous terms once permission is granted. - We could flip that and just require notice that you're about to use a work as input, but allow the creator a certain window to object. - We could declare that inputs are a free-for-all, automatically non-infringing, but that you (the creator of the model) are liable for extra damages if the outputs are proven to be able to infringe. Many, many different ways this could shake out. I'm not particularly optimistic that any of (what I see as) the better choices will come to pass, but they exist.