One, let's accept that there is a public domain, and cribbing freely from the public domain is A-OK. I can reproduce Michaelangelo all I want, and it's all good. AI can crib from that all it wants.

AI can't invent. People can invent: i can have a wholly new idea that no one has ever had. AI does nothing but recombine other existing ideas. It must have seed data, and it won't create anything for which it has no initial input: feed it photographs only, and it can't create a pencil drawing image. Feed it only black and white images, and it can't create color images.

People do not require cribbing from sources. Give a toddler supplies, and they will create. So, we have established that there is a fundamental difference between the creation process. One is dependent on previous work, and one is not.

Now, with influences, you can ask, is your new creation dependent on the previous creation directly? If it is so utterly dependent on the prior work, such that your work could not possibly exist without that specific prior art, you might get sued. It will get debated and society's best approximation of a collective rational mind will determine if you copied or if you created something new that was merely inspired by prior art.

AI can only create by the direct existence of prior art. It fakes invention. Its work has to come from somewhere else.

People have shown how dependent it is on its sources with prompts that say things like, "portrait of a patriotic soldier superhero" and it comes back with a goddamned portrait of Chris Evans. The prompt did not include his name, or Captain or America, and it comes back with an MCU movie poster. AI does not create. People create.