To the contrary, litigation occurs all the time and is subject to the opinions of the judge, and there is no consistency between cases. So when caught between an artist’s original work and a derivative product made by a generative AI (and then gone over by a human enough to qualify as a copyrightable work) it’s going to come down to which side has a better legal team and a war chest. Or they’ll just settle out of court.
To the contrary, litigation occurs all the time and is subject to the opinions of the judge, and there is no consistency between cases. So when caught between an artist’s original work and a derivative product made by a generative AI (and then gone over by a human enough to qualify as a copyrightable work) it’s going to come down to which side has a better legal team and a war chest. Or they’ll just settle out of court.