It doesnt say that, it says that anything thats solely produced by simply prompting is not owned. I have seen very few works that want copyright and are solely prompts.
From your own link:
"“To be sure,” the Court further explained, “the requisite
level of creativity is extremely low; even a slight amount will suffice."
"The Office agrees that there is an important distinction between using AI as a tool to assist in the creation of works and using AI as a stand-in for human creativity. "
"The Office concludes that, given current generally available technology, prompts alone do not provide sufficient human control to make users of an AI system the authors of the output. "
Where the US ruling differs from others:
"Repeatedly revising prompts does not change this analysis or provide a sufficient basis for claiming copyright in the output."
Where China has had 2 cases where it supported multiple prompt changes + watermark
Also they dont rule out a change:
"There may come a time when prompts can sufficiently control expressive elements in AI-generated outputs to reflect human authorship. If further advances in technology provide users with increased control over those expressive elements, a different conclusion may be called for"
^ I would (and have) suggested that the above would likely cover the masking tools available in most image generators.
Its certainly not a case that "AI generative outputs are not copyrightable".
From your own link:
"“To be sure,” the Court further explained, “the requisite level of creativity is extremely low; even a slight amount will suffice."
"The Office agrees that there is an important distinction between using AI as a tool to assist in the creation of works and using AI as a stand-in for human creativity. "
"The Office concludes that, given current generally available technology, prompts alone do not provide sufficient human control to make users of an AI system the authors of the output. "
Where the US ruling differs from others:
"Repeatedly revising prompts does not change this analysis or provide a sufficient basis for claiming copyright in the output."
Where China has had 2 cases where it supported multiple prompt changes + watermark
Also they dont rule out a change:
"There may come a time when prompts can sufficiently control expressive elements in AI-generated outputs to reflect human authorship. If further advances in technology provide users with increased control over those expressive elements, a different conclusion may be called for"
^ I would (and have) suggested that the above would likely cover the masking tools available in most image generators.
Its certainly not a case that "AI generative outputs are not copyrightable".