While I'm sure there are all kinds of subtle, but legitimate, nuances involved, the basic guiding premise would seem to be pretty straight-forward.https://www.creativebloq.com/ai/ai-...on-winner-still-hopes-to-copyright-his-ai-art
People are "blatantly stealing my work," AI artist complains
Now, he's launched an appeal against that decision, claiming that his "624 iterations" with Midjourney, required at least 110 hours of human work. In an argument that many artists will surely find ironic, he also claims that unauthorised use of his artwork has resulted in him losing “several million dollars”.
“The Copyright Office’s refusal to register Theatre D’Opera Spatial has put me in a terrible position, with no recourse against others who are blatantly and repeatedly stealing my work without compensation or credit.”
Using music as an example, but applicable to most things, if I go and watch another artist and study their work and then produce "my" music such that it sounds just like theirs with perhaps some superficial tweaks, such as changing a few words or modifying a few chords, then I am almost certainly in violation of that artist's copyright. But if their work merely serves as one of many influences on what I create and my music has some fleeting similarities here and there to that artist's work, then I (in theory) have not violated that artist's copyright (contrary to what some artists think and demand and, occasionally, talk a jury into buying).
Whatever the rule was before generative AI, that rule should simply apply to work produced with generative AI. For an artist to insist that the use of their work to train a generative-AI engine because that can result in work that is similar to theirs, is very analogous to saying that no one that is ever going to create music can ever listen to that artist's work, since that can result in that person creating work that is similar to theirs. The violation isn't in listening to (or, for the generative AI engine, learning from) the work (provided it is accessed legally), the violation is in how it is used. If the generated work violates copyright, then it violates copyright regardless of how it was produced. Conversely, if the generated work does not violate copyright, then it does not matter how it was produced.
Now, what generative-AI engines greatly increase are the chances of someone creating work that is too similar to copyrighted work without intent to do so or knowledge that they have done so. But these are not new situations, either, so we should already know how to deal with them in our existing legal framework. What might need revisiting are how we deal with them because of the changing scale of the problem.

