That's absolutely correct -- and it's been correct long before AI. All that fan art -- especially the art that is purchased for money? Yeah, they should have set up an "explicit" agreement with the IP owner, but they haven't. People who have no money seeing others, especially those who have no money, take advantage of them has long been a problem with legal systems since lawyers were invented.
In a sense, you could describe the current AI models as industrializing art theft, if you steal enough from enough different people and throw it in a big blender, it's all fair, right.
Somehow the bigger the company the easier it gets to shirk off the stink as well. Mr Rozalski lost a lot of social credit among his peers and potential customers when those allegations started appearing for example, which I'm not sure is happening to the big AI companies.
As for them waking the big fish with the big shot lawyers, there have been rumblings here and there with different countries making very different rulings on the copyrightable nature of AI images/text and if they can be used commercially etc.
Telling here is also that some of the biggest image generators have started to ban specific words. Particularly heinous or graphic things sure, but also copyright IP-related words that so happen to be owned by say, Dinsey or the like.
Ideagram sort of does that now. Like all AI, ite relies on having a good prompt.
Here's some AI generated RPG characters it has created for me.
I think you missed the second sentence in that paragraph mate. I'm not saying I wish any program could do this, most of them can, some even manage to crawl out of the uncanny valley on occasion. I'm saying I wish there was an option that did it without me becoming another tally on the ever-rising user numbers proudly presented at the next shareholder meeting by the aforementioned abhorrent mass of wriggling bloodsuckers.
I sincerely do not care if somebody uses those images for their own campaign or prototype or what have you, lets be honest nobody was going to pay an artists for it, they would just use any image from google and since they aren't making any money from it, I really couldn't care less.
But every new person using these programs, every new generated image is a vote of confidence in the system. It's either saying you don't get how the process works, or you do know and just don't care. And somebody on the top of that shitty pile is using that exact fact to convince others to give him more money, because see, the people don't care, they want this.