The rights are exercised by the humans building and operating the machines. You're saying the hammer doesn't have rights. Well, yeah, duh. It's the person holding it.

"so the legal basis for neural nets learning from other art is that it's learning like a human and creating new art from just knowing what art human think is good and optimizing its creation of art to mimic if not borrow the same qualities while still making something new" sure sounds like it's attributing the rights to the machine, not the person using it, to me.

Not for lack of trying though. https://transhumanist-party.org/tbr-3/