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The way I understand it is if the person is in public or in a place where they cannot expect a reasonable expectation of privacy then you can take pics of them and use them for different things as long as they are directly used for marketing.
Here are a couple of examples.
Any of the millions of celeb pics taken every year of celebs walking down the street, on the beach and stuff like that. These are sold time and again and put on blogs and websites, magazines and TV shows that all generate revenue from them and the people in them have no recourse.
A few years back a woman sued girls gone wild. She was in the video and knew that was going to happen, but she was pissed when she ended up in the commercial and on the box cover. She actually won. By letting them film her she basically agreed to be in the video, but she hadn't agreed to let them use her image/likeness to market the video.
Anyway, I'm no lawyer, but that is a basic idea of how I understand things to work.
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