I concur that fair use could be an effective defense against infringement claims; the section you are referring mentions distribution/copying specifically, but

I concur that fair use could be an effective defense against infringement claims; the section you are referring mentions distribution/copying specifically, but it refers to other sections which apply to adaptation. Regardless, the law itself seems clear that the right to adaptation is exclusive independent of distribution. The fair use arguments are interesting, considering: - AI businesses are commercial enterprises - Many works (perhaps including an author's entire published output) were digested in their entirety to create LLMs - If anyone can generate their own version of GoT/SoI&F with an AI system, does it diminish the market for the original? (On the other hand, it's too bad HBO didn't have one at the time.)