At least in the US, the Supreme Court has decided in the past that shrinkwrap licenses can be used to put restrictions on works that copyright doesn't apply to

At least in the US, the Supreme Court has decided in the past that shrinkwrap licenses can be used to put restrictions on works that copyright doesn't apply to (https://en.wikipedia.org/wiki/ProCD,_Inc._v._Zeidenberg https://en.wikipedia.org/wiki/ProCD,_Inc._v._Zeidenberg), so I wouldn't be surprised if we start seeing clickwrap "you agree not to train AI on this page without the author's explicit permission" licenses.