If we're discussing the current situation, where ChatGPT is outputting entire articles of NYT copyrighted content, then it certainly matches say, Bittersweet Symphony containing a small sample of a Rolling Stones song resulting in the Stones getting credit for the entire work.
There is a rather vibrant culture of _human_ remix artists who sample existing music and generate something completely new. It is still an open question of how long a sample they can use before it requires licensing:
But all of this, doesn't have much to do with whether an AI should be allowed to consume public media -- even if we agree they need to do a better job about avoiding verbatim reconstruction when prompted.
Edit: I wasn't able to find the Lawrence Lessig talk I wanted to link, but here's a quite old one that makes some of the same points:
