It is simple. You, or a paparazzi, standing in a public place, snap a picture of anyone walking, running in a race etc. are quite entitled to sell it, burn it etc.
If what you are saying were even remotely true, the lawsuits would be flying daily from anyone of a thousand celebs who have a camera stuck in their face everyday.
This, the the purpose we are talking about, is not commercial. Commercial is, for eg, when you take a picture of Rick and use that commercially (eg. Rick's photo on a pack of smokes). Do that and you'll get sued (as Ian Thorpe did to Telstra). However, when Warnie was photographed from a public place having a smoke despite being sponsored by Quit Victoria, he soon found out that he had no legal recourse despite the fact that a magazine made the photographer much richer.
It really is so simple.
If I see you doing something really embarrassing in public, out comes my camera and if the mags wanna give me $10,000, I get a holiday to Disneyland while you get to please yourself.