It's 100%
intent of the flight at the time of the flight. Honestly it boils down to how you "word" your intentions. Here are 2 scenarios:
- A) Parent films the event for their own personal "video" scrap album. Totally hobby/336. This video can later be shared with anyone so long as it was made with the soul intent of the parent's own personal enjoyment. Let's say something amazing or something horrible happens and you get it on video, it's yours to share as you wish as long as your intent of the flight was 100% hobby/recreational. Now if this same "coincidence" happens multiple times it will be a lot more difficult to claim "hobby/336" if your video keeps showing up on the evening news.
- B) Parent films the event with the intentions of sharing it with coach/school/media to promote, critique, or simply entertain others. This is 100% Part 107.
One potential caveat is this (
and this is my opinion so take it for what you paid for it), if you do anything during the flight that falls outside of hobby/336 the whole flight defaults to Part 107 regulations. Also remember that local ordinances can come into play and are fully enforceable even if you're operating as 336/hobbyist:
Harassment, Trespassing, Reckless & Endangerment, Privacy issues and more. Don't forget that you have to account for more than just FAA hobby guidelines and in this overly "paranoid" society I think I would avoid getting any additional scrutiny on myself and of course it will fall back on your kids like it or not.