Meta has been lobbying hard around that for years.
Only copyright can see through all of that, you would have to gut fair use in order to have an effective anti-scraping law.
There's also copyright reversion, which is a related new provision that applied to older copyrighted works. Quoting from an article I just pulled up
"...the 1976 Act created a new right allowing authors and their heirs to terminate a prior grant of copyright, the Act also set forth specific steps concerning the timing and contents of the termination notice that must be served in order to effectuate termination. The termination of a grant may be effective “at any time during a period of five years beginning of the end of 56 years from the date the copyright was originally secured”..."
But this is a red herring because the fact a model has been trained in the past doesn't mean a copyright lawsuit is "retroactive". The infringement would presumably be occuring anew every day you make it available on your web site.