that's for commercial gain. it's totally different. see Legal Rights of Photographer. Basically if the photographer didn't use any special equipment, the one being photographed didn't make an effort to not to be seen, photographer isn't trying to distort the image, and not for commerical gains, then he can publish anything that's open to public.
http://www.andrewkantor.com/useful/Legal-Rights-of-Photographers.pdf