If I paid a human to recite the whole front page of the New York Times to me, they could probably do it. There's nothing infringing about that. However, if I videotape them reciting the front page of the New York Times and start selling that video, then I'd be infringing on the copyright.
The guy that I paid to tell me about what NYT was saying didn't do anything wrong. Whether there's any copyright infringement would depend what I did with the output.
I could use Photoshop to reproduce a copyrighted work, and in some circumstances (i.e. personal use) that'd be fine. Or I could use Photoshop to reproduce a copyrighted work and try to sell it for profit, which would clearly not be fine. Nobody is saying that Adobe has to recognize whether or not the pixels I'm editing constitute a copyrighted work or not.
The same is not true for AI, which require copyrighted work be contained therein, in order for the tool part to function.
To add to your point though, a sufficiently advanced AI trained on licensed data could reproduce copywrited content from prompt alone. It's the next step that would cause infringement where someone does something withcthe output.