I'm not sure how valid it is to view artwork differently than source code for this purpose.

1. There is tons of public domain or similarly licensed artwork to learn from, so there's no reason a generative AI for art needs to have been trained on disallowed content anymore than a code generating one.

2. I have no doubt that there exist both source code AIs that have been trained on code that had licenses disallowing such use and art AIs have that been trained only on art that allows such use. So, it feels flawed to just assume that AI code generation is in the clear and AI art is in the wrong.