Actually, that’s rather simple: s/he can’t. If the photographer made a mistake in picking the wrong license initially, that’s their problem, not yours.

I’m not a copyright lawyer by any means, but I believe most licenses work this way. They can be “upgraded” for new/future use like with the Bono copyright extension, but they can’t take away permissions they’ve already given you(eg, stuff that had gone into public domain does not suddenly go back into copyright). End of discussion.