This is really not so clear cut as "fair use" might cover 99% of all data scrapping; you are not reproducing the originals just use them to estimate probabilistic distribution of tokens in pre-training. You are never going to get the exact book word-for-word using LLMs.
Fair use was built around human limitations. The mass scraping campaigns done by the AI giants were clearly an overreach in spirit, if not letter. Most people's intuition is that these massive operations that are valued in the trillions can't have been drawn from some untapped common resource, and they're correct. Someone, somewhere is not being properly compensated. I have no problem with taxing AI companies so that…
Now how much and should it be based on revenue from output is open discussion. And it might also be that there is no fair model to pay them. Which means that well too bad for LLMs...