Earlier quoted context omitted.
The discussion over novelty is useless, all these legal structures like copyrights patents royalties and licenses are about creating business structures to allow artist or inventors be compensated. They were already imperfect in it and now suddenly a new technology drags their work into the wilderness with no stuctures for compensation. The images created by the AI are indeed novel but they feed on the work of people…
The core of your concern (& argument) seems to be the problem of existing business models becoming disrupted by this technology. But the point of good law isn’t to protect an established business model. If that were the case, we would have outlawed the loom because it displaced weavers, and the camera (sorry portrait painters) and the iPhone. (How many telegraph operators are left? None!) When an artist learns to dra…
Really? The Constitution specifically includes a bit about: "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". That was quickly followed by the first copyright act.
As I understand it, the copyright portion of this was exactly to protect the established business model for writers, which was publishing and selling copies of their work. In particular, protect it against other people publishing editions of their work.