This is a classic situation that underscores the need to have written agreements. Of course you never need one until a dispute arises, but once a dispute arises, there is no substitute. Here you have a situation where each party's rights are unclear. Did you get a license to use the pictures on your website? Did the photographer get the right to use your likeness for any purposes? No one knows for sure, and if you use them and the judge disagrees with you, you could be infringing his copyright in his photographs. Get a written agreement next time BEFORE the photoshoot.
Answered on May 05th, 2012 at 7:45 PM