Well yes. That's exactly what the Wired article says in the caption to the image. They wrote: "This is Allen's AI generated artwork, which we can publish without asking him, because as the article notes, its not eligible for copyright protections".

I thought about using it too, but let's just say they have more confidence than I do that things won't change and go wrong. They probably also have insurance if things were to change and go wrong. LOL https://www.wired.com/story/ai-art-copyright-matthew-allen