Generative-AI guidance from the Linux Foundation

But the output of an LLM is based on the (copyrighted) material fed in. If the material that went in is copyrighted, saying "only material created by people ..." does not mean that what comes out of an LLM is copyright-free. All it means is that the LLM cannot add its own copyright to the mix.

This is very clear in the European legislation, which says it's perfectly okay for an LLM to hoover up copyrighted material to learn from (exactly the same as a human would!), but makes no statement whatsoever as to whether the output is copyrightable or a derivative work (just like a human!)

So assuming your statement is correct, US legislation says nothing whatsoever about whether the output of an LLM is copyrighted or not. All it says is that any *original* work by an LLM cannot be copyright.

Cheers,
Wol