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If someone takes a picture of me while I'm in public that picture is their copyrighted work and they have every right to post that on the internet. There is no expectation of privacy in public, and Americans have very few rights against other people using photos/video of them (there are some exceptions for things like making someone into your company's spokesperson against their will)

If someone took a photo of my copyrighted work, their photo becomes their copyrighted work. They also have a right to post that picture on the internet without my consent. Every single person who takes a picture of a painting in a museum and posts it to social media is not a criminal. There are legal limitations there too however and that's fine because we have an entire legal system created to deal with that which didn't go away when AI was created.

If a company uses AI to create something that under the law violates your copyright you can still sue them.