No, you can't. They still own it.
It sounds like the ideal solution would be to shore up the tax law to prevent this situation in the first place, but if that's not possible and it will continue to be profitable to create art just to trash it then the works should at least be released to the public domain so that we're not losing the art.
In a similar story that’s the center point of the lost Doctor Who episodes case.
BBC literally throw away the reels > workers saved them from thrash > BBC now looking for the lost episodes, everyone knows who has them but they are reluctant to give it back in fear of prosecution (BBC can’t grant clemency)
https://www.theguardian.com/tv-and-radio/2023/nov/11/lost-do...