so basically in theory, this is a clear case because AI can only do derivative, not transformative work
in practice, the case will be won by whoever pays the most money. not that it matters because the system is easy to abuse and companies and government institutions WILL do it in one way or another
now, in case anyone needs an opinion, lemme tell you the correct way to go about this. and without any false humility, i am 100% sure this is the correct way. why? because i have a dataset of my own. its a somewhat longer story but very relatable so you might as well wanna read it
i was playing some game called path of exile. in that game you have a feature to create something called a "hideout", where you are offered a base level and a set of decorations, and can create your own customized level
turned out i was really good at it, again, without any false humility. anyways, in some update, the devs added a way to save a hideout you created. and to make it easier, they even added a command, /save_hideout. unfortunately that command was bugged and could save ANY hideout, even those you were visiting. so now you had people who needed hours if not days to create a hideout, just for some pleb to visit it and copy the entire thing without permission
i wasnt into uploading the hideouts ive created to the hideout site, as i liked to gift hideouts to friends, but only once per hideout so everyone would be unique. this bug effectively destroyed my idea of fun as who cares about a unique hideout when anyone can steal it?
so i posted on the official forum, complaining how this bug needs to be removed. and the predictable happened, people who were talented at creating hideouts were on my side, while everyone else was against me, quite vehemently might i add. even good artists who uploaded hideouts to the site were against me, because why would they care, they already shared it on their terms
and the numbers were insane. topic exploded, had hundreds of people posting etc, and lemme tell you, NOT A SINGLE PERSON who was bad at creating hideouts supported me, as they gained more by the bug staying in game. so whats my point you might ask? well my point is that ive learned a lot about people and their motives, and i realized that they will not support you unless it directly affects them. and this was not only a valid statistical sample, i literally had ZERO people go against the observed rule. maybe someone was on my side but it wasnt worth his time to say anything, but the end result was the same, i got zero support from anyone but people who had the same problem. which is why i started implementing a philosophy that has served me well to this day:
NOT. MY. PROBLEM. 
the issue doesnt concern me whatsoever so im not gonna be taking sides unless it benefits me or people i care about. and since my fellow jspers are people i care about, take this as a free advice not just for this situation, but in general