While your question is intellectually worthy, I doubt there is any serious case law in existence testing this scenario. I could imagine very soon, someone will create a video game that can generate art based upon a trained model. At some point, the model will regurtitate an exact replica (or very very close). Someone will screenshot it, and the original artist -- who likely was not paid -- will sue. Or musician. Take your pick. Any performance or visual arts could fall under this umbrella.