Comment by graemep

The Thaler case settled part of that: an LLM cannot be an author.

The guidance says its case by and case I can find no indication separation of elements is critical. Its more how closely you guide and correct the AI https://www.copyright.gov/ai/Copyright-and-Artificial-Intell...

You can go by US guidance if you only distribute the work in the US. Otherwise you need to he aware this varies elsewhere.