Even if there was no difference at all in the process of image generation between AI and humans I would argue humans and AI should not be held to the same standard of law (and we're not even talking about true AI).
A human that copies someone will die. An AI can live, multiply, and be improved forever. Humans will never compete against anything they wind up being capable of. Society is built for humans not AI.
A human that copies someone will die. An AI can live, multiply, and be improved forever. Humans will never compete against anything they wind up being capable of. Society is built for humans not AI.