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AI is not an artist any more than a paint brush is. Neither can generate anything on their own. They're tools.
Oh I'd be careful, that undermines the "the AI is an artist in itself" - defense of companies against plagiarism charges. Because otherwise if we go with that, most material would not be allowed as sources for training. The vast majority in fact.
Better let the AI be an artist, that way it's legal if it steals from others works, but that also means I can critique it as, well, being shit and just doing derivative works. 😛
AI doesn't copy pre-existing art. It's influenced by it. Human artists take influence from prior artwork just as well as AI does. Nobody is creating art in a vacuum.