This is what you don't understand: the concept of fair use.
https://en.wikipedia.org/wiki/Fair_use
If the courts hold this type of thing to be fair use (which I'm about 90% sure they will), "consent" won't enter into it. At all.
[0] https://www.theverge.com/2023/1/17/23558516/ai-art-copyright...
[1] https://variety.com/2023/digital/news/scarlett-johansson-leg...
The situation described in your second reference is already unlawful, regardless of how the image was produced. You're not allowed to make commercial use of images of Scarlett Johansson even if you scratch them on a cave wall with a broken deer antler.