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AnswerYes.. As long as you are both the pilot and the photographer, the flight can be conducted within the FAA rules.

FAR 61.115 states

(b) A private pilot may, for compensation or HIRE, act as pilot in commmand of an aircraft on connection with any business or employment if

(1) the flight is only incidental to that business or employent; and

(2) the aircraft does not carry passengers or property for compensation or hire.

As long as you're passengers are not engaged in a separate commercial activity and are necessary to perform your aerial work and you all depart and arrive at the same airport, and/or are not involved in the transportation of any property (ie: taking something from one location to another via the airplane), then you can do so under the provisions of Part 91 of the FAA regulations, due to a stated exception in Part 119.1(e)(4)(iii).

Here is an interpretation an FAA agent made on a similar situation, where she cites specifically "aerial Photography" falling within the exemption.

"ENG media photography and reporting flights may be conducted under Part 91 pursuant to the aerial work operations, aerial photography, exception in part 119.1(e)(4)(iii) provided each person on board, in addition to the flight crewmembers, is necessary to perform the aerial work operation. Other regulations may impose additional limits. If the flight operation becomes "dual-purpose" (e.g .. the flight lands at point B) then the aerial works exception does not apply."

Read the full interpretation letter at http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations/data/interps/2007/Sapp-interp.pdf

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Q: Can a private pilot sell aerial photography?
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