Hmm. I am not so sure about this. What about the fact that to produce a image I like with dalle our similar I need to often run many many different descriptions to get what I want and some times use the edit feature. If a generate an image and use the built in photoshop like erase feature and regerate something else to fill the space is it copywriteable. What about if photoshop has or implements (probably already exits) auto insertion of images and people. Say you just paste something onto your image and photoshop runs ai algorithm that helps blen it in. What about traditional painters that relay on randomness in thier work? Like guys who just spin a canvas get blindfold and just throw paint around?
Then with DALL-E it is like you are instructing a commissioned artist (who would own the copyright). I think it's fundamentally different to using a tool in Photoshop - content aware fill uses the rest of the image to fill in space, so whoever owned the original image would own the content-aware fill section. If an AI is used to generate new features - images, people - then it is like a collage or original and copyrighted work. Artists that throw paint around made the artistic and creative decision to do that, would choose the paint, the canvas etc. and actually it is very difficult to create work that has that quality of spontaneity and randomness - they would definitely own the copyright.
