This is an actively litigated and unsettled area of law. You, and nobody else, can say any of this with confidence until these lawsuits get to a judge, and even then it’s per jurisdiction rulings. The US, EU, and Japan may end up with different rulings. International trade agreements may be updated. Industry may settle on some sort of broadly acceptable revenue sharing model.
The point is: nobody knows and the AI companies are getting well ahead of the law.