There is a precedent that any work done in a data center on behalf of a user, because a user initiated the action, has the same protections as if the user had performed the action themselves. It has been used, in connection to copyright, to allow "cloud DVR services".

I'd argue that in the case of AI generated work as we see it now, especially if a prompt from the user is required, that work would not exist except for the action of the user, and is thus created by their action.