That's not the only question. If it was decided the images are not derivatives of the training set, the question then becomes can artwork created by a non-huma

That's not the only question. If it was decided the images are not derivatives of the training set, the question then becomes can artwork created by a non-human be copyrighted. Prior decisions (in the US) have been pretty firmly "nope" on that one, although of course who knows what an actual judge might decide.