"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"
Because any "advancement" in this space is predicated on getting tighter control over the requested outcome.
You can already script a local image generator to come up with random images based on text searches or LLM output. Thats already not copyrightable anywhere.
"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"
Because any "advancement" in this space is predicated on getting tighter control over the requested outcome.
You can already script a local image generator to come up with random images based on text searches or LLM output. Thats already not copyrightable anywhere.