It is unlawful but not illegal, there's a very big difference between the two.
Actually the only difference between the two is the spelling. The two are synonymous.
You may be getting away with it and getting paid but that does not make it legal or OK.
It only puts you in bed with people who are ignorant of the law or are simply justifying the means.
I do not agree with the laws concerning the use of copters for commercial photography.
It's just a noisy tripod. The don't seem to mind tripods as long as they are grounded but fly it and,,,,,,
That said, I also believe I should be able to drive faster in some areas or own a machine gun or countless other unlawful/illegal things.
Because I do those and get away with it doesn't make it legal or OK.
(By the way, I don't have a machine gun but I'd sure like one.)
I believe the laws could be challenged and changed but our voice is not yet strong enough.