First off KUDOS to you for asking and trying to do the right thing. That's how we learn and grow.
Keep in mind that when you ask a question on a forum you'll get valid answers, INVALID answers, and a lot of half accurate answers from people who either don't know the correct answers or who think they know BETTER than the correct answers. This is VERY evident with several posts above. The hard part is knowing which to trust and which to discard. Just remember the only person on here who has anything to gain or lose from your flights is YOU. None of the rest of us will be there to pay your fines, restore your credibility, or help you in court if our "suggestions/advice" happen to be wrong and you end up on the wrong side of enforcement.
@53-63-6f-74-74 and
@msinger gave you SOLID and accurate answers without imparting fluff.
I'll "try" to give you the way to get the "Official" answer. Anytime you have a LEGAL question about FAA regulations etc your best bet is to get an Official word directly from the FAA. Your local FAA Contact is the local Flight Standards District Office (FSDO). Yours is:
Oakland CA
www.faa.gov
Reach out to them and pose the question like you have here but give them ALL the information:
- Shooting a family members home for a Real Estate shoot
- Building a Commercial Portfolio for your soon to be business
I think you'll see the path this question is going and the FACTUAL answer without emotion.
For the record, "Compensation" is only one (
of many) variables that removes the "protection" you get from flying strictly as a hobbyist. If your INTENT of the flight is not 100% purely hobby then it defaults to Part 107 Regulations.
Every sUAS operator in the United States is, by default, a Civil Operator. All Civil Operations fall under either Public Use(Govt, Emergency Services etc) or Part 107 regulations. Congress created a Carve Out to offer some special "protection" for operators who are solely flying for Hobby/Recreational purposes. Think of this Hobby/Recreational allowance as a Protective Bubble against Part 107 Regulations. Once this "Protective Bubble" is pierced it's gone for the duration of the flight. You can't Hobby and build your Commercial Portfolio just like you can't Hobby for someone else. Also you can't mix regulations within the same flight (take off under Hobby regs and then magically decide it's a Part 107 operation).
Good luck and SAFE flights!!
Allen