whoever pressed the button to run DALLE will make the assertion, just like whoever was running photoshop to make the image today would make the same assertion.
A photoshop user controls what data photoshop uses, a DALLE user doesn’t. Even a prompt as generic as “Cat” could be producing an obviously derivative work if you compare it to the original. This is true for all prompts.
> A photoshop user controls what data photoshop uses
the point was that the user of the program is making their declaration, whether it's photoshop or DALLE. How does the business verify that their staff artists aren't producing copyright infringing material, just from memory?
The liability falls to them to verify the copyright status of the output they're asked to make. A business paying a photoshop user to produce a picture has just as much (or as little) trust in them as the button presser for DALLE.
This gets complicated, having no reason to know that something is copyrighted is a defense.
So if your employee installed pirated 3rd party software you’re facing strict liability. However, if a third party is reproducing their collage roommates drawing from memory then it’s effectively impossible for you to verify if something is a derivative work.
Dalle is effectively Getty images, if you’re buying works from them you can only assume it’s free of copyright issues.
whoever pressed the button to run DALLE will make the assertion, just like whoever was running photoshop to make the image today would make the same assertion.