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OpenAI now tries to hide that ChatGPT was trained on copyrighted books, including J.K. Rowling's Harry Potter series
(www.businessinsider.com)
This is a most excellent place for technology news and articles.
Transformative works are not a thing.
If you copy the copyrightable elements of another work, you have created a derivative work. That work needs to be transformative in order to be eligible for its own copyright, but being transformative alone is not enough to make it non-infringing.
There are four fair use factors. Transformativeness is only considered by one of them. That is not enough to make a fair use.