http://www.wired.com/wired/archive/14.05/start.html?pg=10

It's a good article and mostly right. However, there are a number of concerns that are not addressed, including commercial appropriation of likeness and right-of-publicity (which varies from state-to-state), false light defamation, and a couple of other privacy torts. Anyone considering using a person's image without a release in a commercial context should consult an attorney first. Also, the article was simply wrong when it implied that artists wouldn't sue for including their work in a photograph or film -- it happens all the time.