They can as long as the website is not used to make money.
Interesting. To go further into this logic, then all youtube videos from drones are essentially illegal? I mean, Google makes money off of youtube through ad revenue, etc. The same as a newspaper or any other site would make money to either provide a service, get ad revenue, or sell a product. What if they took a publicly licensed aerial photo from some random web search off the internet? Are they liable for FAA investigation?
This whole concept just seems ridiculous. It's almost like the FAA holds all rights to aerial photos and video if you want to use a picture for anything business related, unless the origin is from a Part 107 licensed pilot.