I always assumed that any output from a generative model would be uncopyrightable.

And hence, if a company produced, say, notebooks whose only distinguishing feature was being decorated with a generated image, then anyone else would be within their legal rights to copy it wholesale and put the exact same image on their own notebooks.

Therefore, if a company wants to manufacture actual intellectual property, then they need to hire an actual human to produce it.

I'd love to hear if anyone knows: a) Is this interpretation accurate in any relevant jurisdictions? b) Has it ever been tested in court?