I'd actually love some documentation because it is indeed very complicated.

I'm also curious about your opinion on which way they will swing, since I see the courts kind of sticking to the middle more than anything.

The Zarya case seems pretty clear. From an article though:

The agency wrote that, unlike a photographer, users of Midjourney do not have the same degree of control over the final images. Photographers can control many parts of their photographs — the framing, the lighting, the subject, the presentation of the subject, the exposure time, the depth of field, etc — even though the camera ultimately captures the image.

By and large, Sota models do give that kind of control nowadays, so I don't know if that would change things.

I feel like it's going to end up as a case by case basis, where it depends on the feeling of effort put into it more than anything else.