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This is untrue, a least in the US.

Publishing is perfectly legal, though commercial use[1] opens one up to potential suits.

This usage is very clearly editorial. This guy is on solid legal ground.

[1] Commercial use is a legally tested term, not a lay one. It does not mean "selling for money", but has more to do with implied endorsements. You cannot, for example, take a picture of someone and then sell it to Apple for use on a billboard, not without a release.

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