This is certainly the legal question of the hour, and it may allow courts to sidestep the equivalence problem to apply different rules to humans than to AIs. History is replete with courts deciding that the rights of some minority don't count because they are deemed different (or less) in some way. Might as well get started with AIs right away. Might as well make sure that when AI is eventually demonstrably sentient there are already tons of established laws and billions of dollars that says they are not.
It seems to me that you cannot take someone's art and plug it into an empty model: we have to start with a model that has been trained on a huge corpus of art, and only then can you show it some pictures and ask it to imitate. This is no different than a human. But my opinion does not matter at all. All it requires is that a jury says "This is an algorithm, therefore it is derivative."
It seems to me that you cannot take someone's art and plug it into an empty model: we have to start with a model that has been trained on a huge corpus of art, and only then can you show it some pictures and ask it to imitate. This is no different than a human. But my opinion does not matter at all. All it requires is that a jury says "This is an algorithm, therefore it is derivative."