Not really. The "special" quality attached to humans is only in creating copyright -- it has nothing to do with fair use arguments around derivative works.
"Machines and algorithms are not legally recognized as being able to author original non-derivative works"
Neither are monkeys. This doesn't mean a monkey's painting is any more or less derivative, or any more or less subject to a copyright claim. It only means that there is not a second copyright attached to the resulting work.
"Machines and algorithms are not legally recognized as being able to author original non-derivative works"
Neither are monkeys. This doesn't mean a monkey's painting is any more or less derivative, or any more or less subject to a copyright claim. It only means that there is not a second copyright attached to the resulting work.