It would depend on a number of factors. Was the photo taken originally by a journalist or a commercial photographer with the intention of selling it to GetttyImages? How prominent is the fan in the photo? Was it taken at a public event in a public place? (i.e. not behind stage etc.)

The individual circumstances make a difference but most photos where an individual is prominent in the photo and it is used for commercial purposes, should include a photo release.

Ronnoco