I'd argue the exact technology or how it works does not matter at all. The only thing that matters is if it's performed by a human, because making derivative works is a right only granted to humans.

Therefore, by definition and AI cannot create a derivative work. Because it's not human.

I see no reason to grant computer programs human rights. I think a lot of people would have a hard time articulating some reasons to do that. So they don't, and talk about the technology instead. I think that doesn't matter. If you can't tell me, and convince humanity, why a computer program should be granted human rights then I don't think we can even get to a point where the technology itself matters.