Is there any way to do aerial photography and sell the pictures without
having a commercial license? Seems to me there isn't


My reading is that there is.

First off, if you are not a photographer by trade, but take some pics when
you're flying and then decide to sell them, that should be ok part 91. You
didn't fly for money, and once you have the pictures, you should not be
enjoined from selling them.

If you go flying for the purpose of taking pics (of your own choice) and
selling them, that should still be ok in the situation that you are
professional photographer but your business is not aerial photography. I.e.
you do weddings, commercials, magazines, and such. The flight is incidental to
your business (of photography). If you are not a professional photographer,
the rules should be even looser; similar to the first case.

If you are approached by somebody and agree that in exchange for money you will
take some aerials, that's probably not ok. You would be being paid
=to=make=the=flight= and take pictures.

If you are a magazine photographer, and one of your assignments involves aerial
work, that should be ok, as the flying is again incidental to your business
(even though it's necessary for this particular photograph).

If you are a professional photographer who specialized in aerials (you hire a
135 pilot and take pictures), and decide to do your own flying, well maybe
that's not ok, especially if you are on salary rather than self employed.

That's my take. But I'm just a private pilot and not a professional
photographer. We have some on the group who are both; we'll probably hear
their take shortly.

Jose



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