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.