The key problem is that copyright infringement by a private individual is regarded by the court as something so serious that it negates the right to privacy. It’s a sign of the twisted values that copyright has succeeded on imposing on many legal systems. It equates the mere copying of a digital file with serious crimes that merit a prison sentence, an evident absurdity.
This is a good example of how copyright’s continuing obsession with ownership and control of digital material is warping the entire legal system in the EU. What was supposed to be simply a fair way of rewarding creators has resulted in a monstrous system of routine government surveillance carried out on hundreds of millions of innocent people just in case they copy a digital file.
Artists are allowed to do the exact same thing. That’s probably not a helpful answer, but it’s the correct answer to your question. You’re making some wrong assumptions about the law, and probably about the economics, as well. Writing a proper explanation would take me quite a while and I’m not sure if it would be appreciated.
There are some companies, EG Adobe and Shutterstock, that offer “commercially safe” image generators trained on licensed images. Artists who would like to make money by licensing images for AI training can deal with them.
Pretty sure getty has stolen publically licenced cc0 images off of Wikipedia and have even started going after the original authors of these images and people using the images even though getting stole them in the first place if I’m remembering my company controversies correctly in relation to stock companies