I think, regardless of legality, it should be up to the artist if their works can/can’t be used by AI.
You might not see the logic behind it, but even if the AI is only getting ‘inspired’ the same way humans do, its still a machine and people are uncomfortable with that.
I believe it’d be best for everyone to just respect that fact and for them to stop trying to data scrape artists who don’t want to be data scraped.