If a printing press randomly produces Hamlet, you cannot sell it. That does not mean you cannot generate something that is sellable without violating copyright by printing random words.

There is a small amount of attention paid to whether an artist knew of a work that someone claims was copied. Especially in the literary world with hacks who try to steal from successful authors with pathetic claims.

But they tend not to hold a lot of weight. It just makes it easier to dismiss trolls.

AI is a tool. It is not sentient. It is paint.