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If you can clearly identify yourself in the photo and it is being used for commercial gain without any kind of "model consent" release what the photographer is doing is illegal. Period.
The photographer has the right to take those pictures left and right as long as you don't have a reasonable expectation of privacy but when it comes to an image the photog can profit from the game totally changes. That person needs a release form (they are really simple) giving them permission to use that photo of you for the form intended.
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