Of course there is nothing that necessitates letting these systems do what humans do.
What I am saying is that I am allowed as a human to ingest copyrighted material, learn from it, form mental abstractions and use those learnings to generate new art. Why then, would I be forbidden from externalising some of that process into an artificial system that operates on similar principles.
The trained model obviously does not have agency. It is a creative and computational tool, much like any other digital tool or product.
For the same reason you aren't allowed to make unlimited photocopies of a library book.
I really feel like "reading lots of books" is a better analogy. (Of course its not perfect, since these systems can scale way past the number of books a human can read).
Usage of the model can (and will) be automated. Also, unlike you, the model scales. This is a qualitative difference in the output produced. You are left only with the superficial similarity of the input process.