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Correction: if you draw a copy of Biden and it happens to overlap enough with someone’s copyright of a drawing or image of Biden, you did create a derivative (whether you knew it or not).

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is that really how copyright law works? Drawing something similar independently is considered a derivative even if there's no links to it?

It's bad news for art websites themselves if that's the case...

No that’s not… at least in many countries. Unlike patents, “parallel creation” is allowed, this was fought out in case law over photography decades ago, because photographers would take images of the same subject, then someone else would, and they might incidentally capture a similar image for lots of reasons and thus before ubiquitous photography in our pockets, when you had to have expensive equipment or carefully control the lighting in a portraiture studio to get great results… well it happened and people sued like those with money to spare for lawyers are want to do, and thus precedent has been established for much of this. You don’t see it a lot outside photography but it’s not a new thing for art copyright law and I think the necessity of the user to provide their own input and get different outcomes outside of extremely sophisticated prompt editing… will be a significant fact in their favour.

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