The Thaler case here is something different than "AI-generated = uncopyrightable" though. Thaler was not trying to copyright work in the way humans who make work with tools normally copyright their work ("Copyright 2026 by Me"), he was specifically trying to give AI the copyright ("Copyright 2026 by My-AI-Tool"). The court rejected this because only humans can own copyright.

I believe there are other cases where AI-generated works were found uncopyrightable but Thaler is not a good example* of them.

There’s several large settlements that say Anthropomorphic/OAI didn’t want to have legal precedent. In general if it’s not outright regurgitated it would be derivative.

They actually wouldn't, since they'd be sampling the new arrangement. They could reconstruct a new, similar sounding arrangement based on the original samples, but it'd be have to be different enough to that new arrangement so as not to be considered derivative of it.

That also applies to generative AI, pure output may not be copyrightable but as soon as you do something beyond type some words and press a button, like doing area-specific infills and paintovers, which involve direct and deliberate choices by a human, the copyrighted human-driven arrangement becomes so deeply intertwined with the generative work that it's effectively inseperable.