They put his art in, only when called out did they remove it.
Once removed, they did nothing to prevent it being added back.
As for them selling the product, or not, at this point, they still used the output of his labor to build their product.
That’s the thing, everyone trying to justify why it’s okay for these companies to do it keep leaning on semantics, legal definitions or “well, back during the industrial revolution…” to try and get around the fact that what these companies are doing is unethical. They’re taking someone else’s labor, without compensation or consent.