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Technically, neither of you have the rights to use the photos.
If he took the pictures, technically the copyright belongs to him. However, since he doesnt have a model release, he cant use the images in a commercial manner.
Talk to a lawyer. DMCA doesnt matter because he holds the copyright. You are basicalyl stating he doesnt have the rights to use the images because there is no model release. If you are young enough looking, you can try the 2257 avenue (contact the local authorities) which may or may not work.
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