Wait, so the US copyright office considers the AI model to be the sole creator of the work? So the prompt - the actual intent behind the use of the tool - is irrelevant?
Then where is the line? If I use a painting program that runs a Math.random() on a brush and I use this brush to draw something then is that also created by a non-human?
If I program a robot arm to draw a picture then is that picture also created by a non-human? What if I use a printer?
I read it that a program/computer/robot cannot hold copyright. If someone uses AI to generate art, the AI doesn't hold the copyright. (Notice it doesn't say anything about the user.) Likewise, if Photoshop is used to create art, Photoshop doesn't hold the copyright.
The program for the robot you could copyright. The picture you could not.
Let's be realistic here: there is no oracle indicating something was generated by AI. Most graphic artists have been using partially machine generated work from tools like Photoshop for a decade or more. They just don't mention it.
Then where is the line? If I use a painting program that runs a Math.random() on a brush and I use this brush to draw something then is that also created by a non-human?
If I program a robot arm to draw a picture then is that picture also created by a non-human? What if I use a printer?