Not being able to apply for copyright doesn't prevent you from getting charged for infringement.
"I made it with AI, it's not copyrightable" is the 2023 version of uploading a show to Youtube and adding in the details "I do not claim Copyright on this material. All Copyrights belong to their respective holders". It's still illegal even if you don't claim to own it.
Historically, I know that a big way that the dissemination of these sort of images was stopped was by using copyright law (because they're using the likeness of the subject). I'm worried how that will work if there's no copyright law to fall back in.