You generally, at least in the USA and UK CAN use a person photo for commercial use without their consent - otherwise crowd shots of a game would be impossible,

You generally, at least in the USA and UK CAN use a person photo for commercial use without their consent - otherwise crowd shots of a game would be impossible, The only limitation is that you cannot imply they endorse a product unless they do. Even then a shot of them actually using a product - a celebrity with a can of your soda in their hand, would be acceptable as reportage.