“Fair use” is a notion related to copyright. The authors in Europe who won in cases of free software licensing violations did it on the grounds of breach of contract law.
Doesn't prevent training in the US and use of the trained AI and material it produces here, I guess.
Then I have to start a civil law-suit and prove that the produced work is similar enough to the the original work. That was the step that failed in the Hellwig (Linux) vs. VMWare lawsuit.