Disclaimer: I am not a lawyer. Recently I head this podcast asking if a.i. Is is allowed to make derivative works. I should point out that as legal structure exists right now no program is recognized as a person so it's the one running the software that would be liable. I forsee no problem for non commercial or those under the fair use doctrine, but anyone making money could be in for some trouble.
If ai is ever granted a modified personhood, such as with corporations, I would just be plagiarism.