Since that delta is clearly a transformative use of your photo -- as in, the output doesn't even remotely resemble the input -- you don't have any legal claim to it, no. I'm not sure what the plaintiffs arguing otherwise are smoking if they think they can argue it isn't transformative.
I don't think it's that simple. In order to have a claim to fair use, you would have to argue that the derivative work doesn't negatively affect the market for the original. When Google got sued for scanning copyrighted works for Google Books [1], they could claim fair use since they were only letting people see small excerpts from the books.
If you can train your bot on my blog post about scuba diving without my permission and then people can ask your bot for scuba diving advice instead of reading my blog, that doesn't seem very fair.
> I don’t think it’s that simple. In order to have a claim to fair use, you would have to argue that the derivative work doesn’t negatively affect the market for the original.
No, you don’t.
That’s a factor weighing in favor of fair use, but the fair use factors are not defined in such a way that that is a necessary factor.
