I imagine the argument might be like this: I hire a session musician to play on my new single, paying him $100. I record the whole session. I ask him to play the opening to "Stairway to Heaven" and he does so. "Well, I can't use that as a sample without paying" "Ok play something like Jimmy Page" "Hmm, still sounds like Stairway to Heaven" "Ok, try and sound less like Stairway to Heaven but in that style" "Great, I'l…
You, because you released the song and took the royalties? I don’t think every type of art can be compared against each other though, as there have been numerous precedents specifically for music, some for paintings, and some for photography with their own nuances. I still think people who are concerned that art related copyright will stifle generative AI should fight copyright laws directly. But that’s a harder pill…
That's something which, IMHO, should be acknowledged by the law.