Dave, can you point to the exact wording in the rules that says you are forbidden to GIVE a video or photo if the recipient can profit from it.
Also, can you illuminate the various "pilot" ratings required? A remote pilot certificate does not sound like a traditional private pilots license and suggests that it is a lessor rating that permits commercial drone operation but not flying a manned plane or helicopter.
Brian
Brian,
Your question is a little complicated depending under what, if any, pilot privileges you current have or are operating your UAS under.
I will assume for the moment that you have none and consider it a model aircraft. This falls under the Public Law 112-95, Title III, Subtitle B - Unmanned Aircraft Systems. Under SEC. 336 Specials Rule for Model Aircraft it states:
(a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—
(1) the aircraft is flown strictly for hobby or recreational use;
There are several other requirements regarding safety guidelines, weight, manned aircraft and distance from airport, but your answer is in the "strictly for hobby or recreational use".
If you do not fall under this public law then you must have a pilotscertificate and that pilot certificate has certain privileges and limitations. As an example as a private pilot the regulation that prohibits this is 61.113(a) which states in part "
...nor may that person, for compensation or hire, act as pilot in command of an aircraft."
If you have a commercial license it allows you to be compensated in certain situations, but not all.
The problem is without the new 107 regulations there are many other regulations that apply to aircraft including things like airworthiness requirements, equipment, and see and avoid, that need to be waived in order to operate an UAS under a private pilot, or even commercial pilot license, and that is why until now you needed a 333 waiver. It is this waiver that allows you to operate a UAS for compensation or hire using your private pilot license. It in effect waives 61.113(a).
If you would like me to go into more detail I will be happy to do so, but I will needs some more specifics of your intended use.
The new remote pilot certificate is a pilot certificate and it does have certain privileges and limitations as well. You can say it is a lessor license in that it does not allow you to operate a manned aircraft, but you could also say it it a superior license in that it does allow you to operate a unmanned aircraft. As an example, while I have commercial certificates to operation manned land aircraft, I still will need an remote pilot certificate added to my current pilot certificate to allow me to be a remote pilot.