Agreements with publishers after the fact shouldn't even count, particularly since all copyright holders weren't consulted. I wouldn't have given my permission, for example.
It's important to stress that the media were not legally acquired by most US frontier AI companies if not all of them.
Nope! Theft of the proceeds.
The media may have been legally acquired, but it was done so by violating the intentions and purposes of the content creators.
In other words, people poured their time and attention into something hoping for a return, and got this, instead. And now this is obviating the venues by which creators hoped to receive their social/cultural dividend.
Violating the intentions and purposes of the creators is in some cases an IP violation, and in others it isn't -- it all depends on the details. A lot of AI training on IP-protected materials can fit into the bucket that isn't an IP violation (or any other legal violation), though much of the historical actual training data wasn't collected this way.
IP creators don't have an amorphous right to "a return" or to have their intentions and purposes strictly respected. They have very specific rights in law, and those often don't match up 1:1 with expectations, and almost never with a specific set of the creator's intent (except where that aligns with already-existing law).