All images hosted on Commons must allow free commercial reuse from a copyright point-of-view, but the subject of the photograph may still refuse permission or demand payment for such reuse.
However, this right does not affect the hosting of an image on Commons, rarely affects the use of an image on a Wikimedia project, and is only likely to affect advertisemental/commercial re-users of the image.
The most obvious example of this is in advertising (and it applies whether or not the advertisement itself is for commercial purposes).
This right concerns the subject of the photograph and is distinct from the photographer's copyright license which may impose its own terms or grant freedoms regarding commercial reuse.
The law on privacy concerning photographs can be crudely divided into whether the photograph was taken in a private or public place.
A private place is somewhere the subject has a reasonable expectation of privacy while a public place is somewhere where the subject has no such expectation – the terms are unrelated to whether the land is privately or publicly owned.
A place may be publicly accessible but still retain an expectation of privacy concerning photography, for example a hospital ward during visiting hours.In many countries (especially English-speaking ones) the subject's consent is not usually needed for publishing a straightforward photograph of an identifiable individual taken in a public place.However, the term published should not be construed to include commercial use, as consent is usually required in these situations.An image is unacceptable to Commons if it is illegal, or arguably illegal, in any one or more of: (a) the country in which the photograph was taken; (b) the country from which the image was uploaded; (c) the USA (where Commons images are stored).The template may be used to warn re-users of Commons’ content that local laws may impose additional requirements on reuse, over and above those enforced here.