This post is glossing over most of the nuance in EU law.

The AI system must function merely as a tool or instrument (like a camera or Photoshop) guided by the human, rather than acting as the creator itself. The line may get a bit fuzzy case-by-case, but effectively the human must be the creative one, not the AI.

This is not unprecedented. Machine generated technical data, sensor outputs, automated surveilance photography, monkey selfies, purely algorithmic or generative music and such were already disqualified long before AI came along.