The responsibility for ensuring that copyrights were not violated fall on the person publishing the work. Whether they drew something themselves, hired an apprentice artists with no legal training to draw something, took a photograph of something, or used AI to create an image should not matter.
Why does anyone assume that ChatGPT or other tools would NOT produce previously-copyrighted content?
I can see a naive assumption that since it is “generated” it’s original. However that assumption falls apart as soon as you replace “ChatGPT” with “junior artist”. Tell them to draw a droid from a sci-fi movie, don’t mention anything else. Don’t say anything about copyrights. Don’t tell them that they have to be original. What would you expect them to produce?
Why does anyone assume that ChatGPT or other tools would NOT produce previously-copyrighted content?
I can see a naive assumption that since it is “generated” it’s original. However that assumption falls apart as soon as you replace “ChatGPT” with “junior artist”. Tell them to draw a droid from a sci-fi movie, don’t mention anything else. Don’t say anything about copyrights. Don’t tell them that they have to be original. What would you expect them to produce?