Actually moral rights is what allow you to say no to AI. It is also a big part of copyright and more important in places were fair use does not exist in the extent it does in the US.
Further making a variant of a famous art piece under copyright might very well be a derivative. There are court cases here just some years for the AI boom were a format shift from photo to painting was deemed to be a derivative. The picture generated with "Painting of a archeologist with a whip" will almost certainly be deemed a derivative if it would go through the same court.
> Actually moral rights is what allow you to say no to AI.
The US doesn't really have moral rights and it's not clear they're even constitutional in the US, since the copyright clause explicitly requires "promote the progress" and "limited times" and many aspects of "moral rights" would be violations of the First Amendment. Whether they exist in some other country doesn't really help you when it's US companies doing it in the US.
> Further making a variant of a famous art piece under copyright might very well be a derivative.
Well of course it is. That's what derivative works are. You can also produce derivative works with Photoshop or MS Paint, but that doesn't mean the purpose of MS Paint is to produce derivative works or that it's Microsoft rather than the user purposely creating a derivative work who should be responsible for that.
Well one could argue that this ought to be a discussion of morality and social acceptability rather than legality. After all the former can eventually lead to the latter. However if you make that argument you immediately run into the issue that there clearly isn't broad consensus on this topic.
Personally I'm inclined to liken ML tools to backhoes. I don't want the law to force ditches to be dug by hand. I'm not a fan of busywork.
Further making a variant of a famous art piece under copyright might very well be a derivative. There are court cases here just some years for the AI boom were a format shift from photo to painting was deemed to be a derivative. The picture generated with "Painting of a archeologist with a whip" will almost certainly be deemed a derivative if it would go through the same court.