mabit said:
My main arguing point here is that there is no fundamental/architectural difference between human learning processes and that of AI's, at least in the case of image generation like we're talking about here.
There may not be a "fundamental difference", but there are clear differences. A person has and continuously generates their own experiences, while an AI is given a curated training set from the people controlling it. Humans have behavioral tics that influence what they do, how they think, how they remember things, and change with time, creating more individuality in what they ultimately create, while an AI is just following a script made by its creators.
Unless and until AI can be granted personhood, the things they create are considered derivative works of its input training set. Currently, the law does not recognize the works of AI to be copyrightable, it's lacking the creative spark that's necessary for copyright protection, which creates an inherent difference in the works produced by AI vs a person. Without that creative spark, it's just deriving its results from its inputs (using complex and imprecise math), it's not adding its own unique creative element to the work.
Maybe this will all change with time, but I think we're going to run into bigger questions regarding AI being considered people, and the moral and philosophical issues that entails, first.