BTW ... The reason that case was dismissed in NY was because it required that those photos be used for commercial purposes. The Court wasn't thrilled about dismissing the case, and invited the Legislature to step in:
Needless to say, as illustrated by the troubling facts here, in these times of heightened threats to privacy posed by new and ever more invasive technologies, we call upon the legislature to revisit this important issue, as we are constrained to apply the law as it exists.
Within a month of that court decision in NY, the Legislature did just that:
Bills