How do I stand legally....

brett8883 · Apr 7, 2019

Soledamcer said:
No it's called PfCO. Permission for Commercial Operation. Costs about $1350. Then about $350 to CAA to get your license.

That’s ridiculous. I agree whole heartedly with your original statement. I had no idea!

Porky · Apr 7, 2019

razoraerial said:
Very nice shot. A mavic did that ? I am new to the mavic side, always a phantom before.

Sure was, Taken on my M2P???

Soledamcer · Apr 7, 2019

AMann said:
No wonder why our founders over here revolted against the king!

How much is F107?

brett8883 · Apr 7, 2019

Soledamcer said:
How much is F107?

I believe it’s $150 every two years + $5 to register each drone every 4 years

Soledamcer · Apr 7, 2019

brett8883 said:
I believe it’s $150 every two years + $5 to register each drone every 4 years

I think the PfCO is about $110 every year on top of initial certification. Might be wrong on that. I also read it's about $2350 to apply for an "Operational safety case" (permission to operate outside the usual rules) which could be refused.

TheWolfen · Apr 7, 2019

While I'm no legal expert, nor do I play one on tv, I'd agree that what really matters is your intent when you fly. The CAA, like the FAA, has no authority over anything but airspace and how it is used. I don't see how they can claim (or have claimed) authority over something after the fact or commerce in general. So honestly I think you'd be fine selling it, but I think I'd do what you decided to do anyway - give it away anyway. It is a nice gesture on your part.

Drone on · Apr 7, 2019

I suppose it would be out of the question to accept a donation.

Technically, that's not a sale; therefore, not a commercial endeavor.

Porky · Apr 7, 2019

I’ve emailed the person in question and have offered the photo free of charge but with my credits under the photo.

So as long as they agree to that, job done.?

Montana John · Apr 7, 2019

In my area we have a saying about wolves, an animal protected at some times in some places, that kill stock.
"Shoot, shovel, and shut up."
I think you could make that motto apply to your situation.

Maviac · Apr 7, 2019

brett8883 said:
I believe it’s $150 every two years + $5 to register each drone every 4 years

And (aside from the $5 registration fee) that’s just paid to the private test administrator. If you you’re exempt from the test, it’s basically free. I paid my CFI $20 to review and sign off on my application. No FAA fee.

Porky · Apr 8, 2019

I think for me it would be a waste of time getting my licence. It would take me years to get my money back. I have no interest in commercial work but thoroughly enjoy flying for my own pleasure/enjoyment. I started this thread because it was a “one off” scenario, never happened to me in my five years of flying no doubt it won’t happen again but it was a nice thought that someone enquired about something I’d done.

Vegasdad · Apr 9, 2019

#5 is right

wxperson · Apr 13, 2019

wow... I know this thread is old but wow... take a picture and the government steps in.

ScubaBob · Apr 13, 2019

JLambert said:
If you did not set out to take the picture to sell it, then the intent is not commercial therefore I can't see why you can't sell it after the fact. It would be different if you were asked to come to the location take and take a picture for the club house.

I agree. You were not hired to take photos and if you do not promote yourself as a photographer for hire then it would seem to me that you can sell but I am not a lawyer so take my comments with a grain of salt. I am a professional underwater photographer and in many places in Mexico I have to complete massive documents in order to advertise that I sell my photographs. I went through the process to get 1-year's permission last summer and it was extremely difficult and time consuming--as if I am Fox or HBO shooting a documentary or something. So this year I am not renewing my authorization. I still take my photos and my official position is that I give them away but I encourage my customers to give a tip (like they do to the boat crew or the dive crew).

Meta4 · Apr 13, 2019

wxperson said:
wow... I know this thread is old but wow... take a picture and the government steps in.

But they don't .... although this topic always generates a lot of concern here in the forum, I don't think there's been a case of anyone being prosecuted for even blatant unlicensed commercial operation involving photography.

jagraphics · Apr 13, 2019

As a UK flyer I can tell you the UK rules are different to the USA.

If you make *ANY* gain from the flight (not just cash) then it is commercial. So give them the print.

Asynchronously if you visit and they give you a few bob for sweeping the bar or collecting some glasses then that is a different matter.

Ask on https://forum.flyicarus.co.uk for solid UK advice. These guys opperate inthe UK and do the PfCO courses etc.

Brojon · Apr 13, 2019

brett8883 said:
This is entirely incorrect and has been hashed out and settled on this forum many many times.

The Federal Aviation Administration has no authority to regulate what you do with your property after the flight is complete. If you fly with any other purpose than for recreation you must have a 107 license. It really has nothing to do with commercial or non commercial it has to do with recreational or non-recreational. If you fly with recreational intent then you do not need a 107. The only thing the FAA can regulate is your intention during the flight.

If after your flight you post it and a Hollywood exec calls and wants to buy the footage that as nothing to do with aviation and so the FAA has no jurisdiction.

Remember the FAA only regulates flight not commerce.

This. It is entirely your intent during the flight that matters. Anything else and the FAA expects you to be prescient.
Aside from that I doubt anyone in teh government gives a hoot about one-offs like this. They're more concerned with the idiots and folks that are breaking real laws.

AMann · Apr 13, 2019

Porky said:
I think for me it would be a waste of time getting my licence. It would take me years to get my money back. I have no interest in commercial work but thoroughly enjoy flying for my own pleasure/enjoyment. I started this thread because it was a “one off” scenario, never happened to me in my five years of flying no doubt it won’t happen again but it was a nice thought that someone enquired about something I’d done.

How about selling expensive picture frames, and using your photos as pretty fillers for the frames? Wouldn’t that be permissible?