If I use metallica samples to make a rendition of happy birthday, the copyright holders of happy birthday aren't suing me for the damages to metallica from my use of their samples; the question of whether my use of the samples is transformative is simply irrelevant to the question at hand.

My point was: sampling was widely used by a large subculture (hiphop) just like ai is widely used by programmers. Then a few landmark legal cases changed things entirely. The Verve never saw a cent from Bittersweet Symphony - they wrote a song using something normal to them, and then the law came and knocked their teeth in.

No garaurantees that doesn’t happen with AI in the next few years.