Haha I totally agree that copyright is a mess!
Then is AI code creative because the human wrote the prompt or guided the agent?
That's something that is and will be argued about to the death. I don't think that a prompt is enough to say the person writing it had a part on the creation of the thing, but I know someone will disagree. I see it as someone commissioning a portrait from a painter. No matter how detailed the request is, no one would say that the customer painted the picture.
Aside from that, I guess what I'm trying to say is that, in my view, creativity is something inherently human, and so can't be attributed to a machine or software by definition.