I think, one would have trouble "selling" this to the FAA. Because the
result is different when using an aircraft.

Unless he is flying by at only a few feet off the ground and taking
photos he could otherwise take from his care the FAA would consider
this a comercial operation. Or not incidental to the Business.

Unlike the guy being paid to carry a Briefcase. he could carry the
Briefcase if he flew or if he drove a car.

Brian