If ML cannot create copyrightable or patented material under current legal precedent, than shouldn't the prompt output be considered public domain regardless of

If ML cannot create copyrightable or patented material under current legal precedent, than shouldn't the prompt output be considered public domain regardless of content semblance? The paradox should still violate Trademarks due to similarity, but likely cannot infringe on copyright content under prior legal opinion... if at least 80% different from prior art. The lawyers are likely going to have to do a special firm survey to figure this one out. Bag of popcorn ready =)