I like her and I get why creatives are panicking because of all the AI hype.
However:
In evidence for the suit against OpenAI, the plaintiffs claim ChatGPT violates copyright law by producing a “derivative” version of copyrighted work when prompted to summarize the source.
A summary is not a copyright infringement. If there is a case for fair-use it's a summary.
The comic's suit questions if AI models can function without training themselves on protected works.
A language model does not need to be trained on the text it is supposed to summarize. She clearly does not know what she is talking about.
Things might change but right now, you simply don't need anyones authorization.
Hopefully it doesn't change because only a handful of companies have the data or the funds to buy the data, it would kill any kind of open source or low priced endeavour.
FWIW, Common Crawl - a free/open-source dataset of crawled internet pages - was used by OpenAI for GPT-2 and GPT-3 as well as EleutherAI's GPT-NeoX. Maybe on GPT3.5/ChatGPT as well but they've been hush about that.