So its less about induvidual cases and more about the overall result, as far as I can tell there are several major obstacles and we need to figure out some kind of solution that addresses all of them.

• AI can only remix, it can remix some pretty incredible things but at the end of the day you still need fresh input from human artists to stop it from getting stagnant so we need to incentivize that somehow.
• AI can (deliberately or accidentally) create near identical copies of existing works, how similar is too similar before thats considered copyright infringement.
• Can AI art be copyrighted? if yes then what stops someone putting a huge server farm to the task of generating every possible distinct image within some fairly common categories and subsiquently patent trolling basically everyone.
• If AI art can’t be copyrighted whats the ratio of human to AI art before it becomes uncopyrightable, can I effectively nullify someone elses legitimate copyright by creating a similar but automatically non-copyright AI derived duplicate.

I’m sure more obstacles can be forseen depending on how pedantic you want to get, and the problem with people is that a certain subsection of the population will absoloutely make a whole career of being pedantic as hell to the detriment of everybody else.