The link is not a court ruling, nor does it even claim AI generated elements are not copyrighted. It is a guide, not binding, nor court tested, with one goal of getting more public input on how to balance needs. It does say in several places that AI generated content can end up being copyrighted in simple manners - make small changes, curate, select, or arrange.
From that text: "In the case of works containing AI-generated material, the Office will consider whether the AI contributions are the result of “mechanical reproduction” or instead of an author’s “own original mental conception, to which [the author] gave visible form.” The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work. This is necessarily a case-by-case inquiry."
Prompt engineering as iterative, directed, and the output of a human exercising creative control over the work, is most likely going to be copyrighted. Having a tool create lots of items and having a human curate them is usually a copyrighted action (called "copyright of compilation").
The OP simple (and unfortunately incorrect pop assertion) that AI works are not copyrightable is missing the nuance that is reality. And it takes very little editing of a work wholly made from an AI to make it 100% copyrightable, so discounting AI for use in making copyrighted work is missing the nuance.
From that text: "In the case of works containing AI-generated material, the Office will consider whether the AI contributions are the result of “mechanical reproduction” or instead of an author’s “own original mental conception, to which [the author] gave visible form.” The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work. This is necessarily a case-by-case inquiry."
Prompt engineering as iterative, directed, and the output of a human exercising creative control over the work, is most likely going to be copyrighted. Having a tool create lots of items and having a human curate them is usually a copyrighted action (called "copyright of compilation").
The OP simple (and unfortunately incorrect pop assertion) that AI works are not copyrightable is missing the nuance that is reality. And it takes very little editing of a work wholly made from an AI to make it 100% copyrightable, so discounting AI for use in making copyrighted work is missing the nuance.