Can't read the article right now, so going off of title and other comments...

This does not fly (heh) with my current understanding of "commercial use" in regards to photography, which I wouldn't consider much different than video.

I can enter a US National Park without any specific permit and take a photo of a natural feature. I can sell prints of this photo for a profit. This is not a "commercial use" of the photo.

I can't enter said park without permit and with the intention to shoot promotional photos of my new super nature product. These photos would be used to sell said product. This is a commercial use.

The distinction is profiting from the work itself or using the work to generate profit on something else.