“The thread that goes through all of our work is that we are always responding to and describing American culture.”
Negativland got sued into the ground for sampling four seconds of a U2 song. Thirty-five years later companies ingest the entire recorded output of humanity and call it training data. The difference is not the law or the technique. It is that the band had no lawyers and the labs have a war chest, so one side gets to argue fair use and the other gets a cease and desist.