Maybe we should just leverage the existing copyright penalties our beloved MPAA and RIAA lobbied so hard for? What is it... 15 years in jail and $250,000 fine per violation? Isn't that what the scare screens on DVDs always warned me about? If they're claiming 1B photos they've scraped and violated copyright on...
Rule #1 (as famously learned by SpaceX and Tesla) about doing new and risky things: Don't ask permission. Deal with the consequences later. They'll probably be smaller than if you had asked.