Humans are also created/derived from other works, trained, and used as a tool by humans.
It's interesting how polarizing the comparison of human and machine learning can be.
It is easy to dismiss, but the burden of proof would be on the plaintiff to prove that training a model is substantially different than the human mind. Good luck with that.
That makes no sense as a default assumption. It's like saying FSD is like a human driver. If it's a person, why doesn't it represent itself in court? What wages is it being paid? What are the labor rights of AI? How is it that the AI is only human-like when it's legally convenient?
What makes far more sense is saying that someone, a human being, took copyrighted data and fed it into a program that produces variations of the data it was fed. This is no different from a photoshop filter, and nobody would ever need to argue in court that a photoshop filter is not a human being.
People need to stop anthropomorphizing neural networks. It's a software and a software is a tool and a tool is used by a human.