Who is challenging a lack of copyright on a work?
You publish a story, I take it and republish it / remix it / whatever, you invoke copyright protections and try to have mine taken down - how do I prove your work was AI and thus has no copyright, and how do you prove (or do you even have to) that it's human?
Who has the burden of proof - the person claiming AI created it, and thus it has no copyright, or the person who claims they wrote it and it does have copyright?