On 1, human artists are copying copyrighted pixel data into their system for training. That system is the brain. It's organic RAM.
On 2, money shouldn't make a difference. Jim Carrey should still be allowed to paint even though he's rich.
If Jim uses Photoshop instead of brushes, he can spit out the style ideas he's copied and transformed in his brain more rapidly - but he should still be allowed to do it.
They probably aren't doing that. Studying the production methods and WIPs is more useful for a human. (ML models basically guess how to make images until they produce one that "looks like" something you show it.)