The mathematical function is the expression of human creativity. It consumes other expressions of human creativity, a creativity act in an off itself, to output a different expression of human creativity. Other humans consume the output of the system and the system alike to generate further creative works. An AI model is a higher order creative process, much like humans, and is fundamentally predicated on the creative involvement of humans.
Consider the seminal work _Designing Programmes_ by Karl Gerstner if you'd like further consideration of optimizing creative output via self imposed, systematized restrictions and permutations (design programs as meta art). Or alternatively, consider aleatoric music or Toshiko Takaezu for the incorporation of _chance_ into art.
There really isn't anything too new here in my book (AI) - just increased scope and fruition.
> They do not have emotion.
Art does not require an input or output of emotion nor an emotional affect.
The first thing is the output of a mathematical function as computed by a computer, while the second is an expression of numan creativity. AI models are not alive. They are not creative. They do not have emotion. These things are not even in the same ballpark, let alone similar or the same.
Maybe someday AI will be sophisticated enough to be considered alive, to have emotion, and to be deserving of the same rights and protections that humans have. And I hope if and when that day comes, humanity recognizes that and doesn't try to turn AI into an enslaved underclass. But we are far, far from that point now, and the current computer programs generating text and images and video are not exhibiting creativity, and do not deserve these kinds of protections. The people creating the art that is used to feed the inputs and outputs of these computer programs... those are the people that should have their rights protected.