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.