Wouldn't AI generated art be derivative work done by Google (or whoever) when creating their Gemini models? So then Google owns all gemini created ai artwork?
2. Copyright protects copying. Expressive elements from the original creative work (source code) exist in the byte code, thus it remains under the original copyright.
3. For a derivative work to be considered a newly copyrightable work (as opposed to a copy subject to the original's copyright), it must contain new substantive human creative expression (whether the original creator also has a copyright claim as well depends on degree of transformation).