Nope. Papparazzi take pictures like that all the time and sell them for a profit. And they have every right in the world to do so.
They can sell them for editorial use. I apologize, I did not make this distinction. They cannot use them for commercial uses. For example they cannot sell the image to the local pizza shop to use in their adverts. Vt hey CAN sell them to “Slam” magazine for editorial use.
You are correct about that. Again, another way to split the hairs of legal use.
It is easy to slip up and cross definitions.