You can't counter someones argument by just saying the same thing you know.
Sure you can. You can also win any argument by replying "no you". You just don't leave a very good impression if you do that.
He brings up a good point as you can in fact argue your likeness in court.
This would likely require a court case but chances are the AI law would have to offer an exception to it.
It's probably just going to fall under existing law and the owner of the AI replaces the owner of the copy that was made (so same laws, no exception). Not sure what law that is exactly, but I assume it involves royalties and the like and there's an exception for certain things, like news and maybe art.
Here's an article on it from the perspective of painting. I don't see why it would any different if it's an AI "painter". It's still technically painting what it does.