Can you really say it can "definitely produce this copyrighted work" if NYT had to try thousands of prompts, some of which included parts of the articles they wanted it to produce? That's my point. I really don't know the answer, but it's not as simple as "they asked it to to produce the article and it did", they tested thousands of combinations.
So if I go on ChatGPT, copy in a chapter from a book and then ask it to repeat the chapter back to me, is ChatGPT violating the copyright of the book I just fed it?