If the AI were a human and that human made an image that copied substantial elements of another human's creative work after a careful review of the original creator's work, even if it was not an original copy and no archival copy was stored somewhere in the second creator's creative space, I would be concerned about copyright infringement exposure if I were the second (copying) creator.

I'm open to the idea that copyright law might need to change, but it doesn't seem controversial to note that scraping actual creative works to extract elements for an algorithm to generate new works crosses a number of worrying lines.