I think the TWiL argument treating robots like animals: http://law.musicmanumit.com/2013/06/9-monkey-art-and-copyright-intellectual.html

I'm not sure you can give agency to robots. If software was the problem of the creator, than warranty disclaimers wouldn't work.

I'd be happy to be pointed to case law or a section of Title 17 that suggests what you are saying with any certainty.