Can Someone Answer this for me?

[TexasStar15]

I wanted to make a video for YouTube flying above Austin, Texas and wanted to include the University of Texas at Austin in the video. According to FAA the airspace above UT is class G and I'm allowed to fly in it. Someone told me to check with UT so I did and they denied my flight request. Here is there response:

Flight request 8822 has been denied.

Reason(s) for denial: Personal and promotional/advertising flights are not allowed on campus according to the UAV UT policy/HOP https://ehs.utexas.edu/programs/occupationalsafety/drones-quadcopters-uavs.php. Flight requests must be to complete a degree program/course assignment or for a UT activity/business.

I don't understand how UT can rule above the FAA but apparently they can. Who do you think wins in this situation, UT or the FAA. Do you think it's safe for me to fly over the campus? Any input is appreciated. Thanks guys!

 

[Cafguy]

IF you include shots of the university in your video U.T. wins IF you are using that shot of THEM for self promotion, or to advertise your business. Otherwise the FAA got em beet!
P.S. The rule simply states you cant use their likeness or image for gain.

 

[mavic3usa]

NAL. Did UT sign off on this image of their university being used?



ETA, just to clarify, the entire world knows about this incident and you can see the image and likeness of the clock tower being used and depicted in all sorts of ways. UT has zero rights especially when it's in the public interest and for the purposes of "news" gathering.

 

[TexasStar15]

IF you include shots of the university in your video U.T. wins IF you are using that shot of THEM for self promotion, or to advertise your business. Otherwise the FAA got em beet!
P.S. The rule simply states you cant use their likeness or image for gain.

I'm not being compensated in any way for this video. I'm a recreational drone pilot. If what your saying is true, I would think I could fly above the university and the FAA will stand behind me. Hope I got this right.

 

[Cafguy]

Some university lawyer has mistaken the fact that while yes you cant take pics of them from the air they have no legal way to keep you from flying over as long as the FAA says yes.

 

[thispilothere]

They can't stop you from flying over, they can stop you from launching, landing or controlling the drone from their property. If you launch from outside campus - and have VLOS throughout the flight - you're fine.

 

[Cafguy]

The Rule you show really has nothing to do with the flying of the Drone and while I would advise you to stay clear of their property while doing takeoffs and landings or you will be trespassed. You can legaly fly over them. You may even film the university to your hearts content..What you can't do (according to this) is, use that film when you run for mayor or if you open a new TV Repair shop in Town.

 

[Starz]

Someone told me to check with UT

For what reason?
Was your initial plan to start from property owned by UT?

 

[mneeze]

Also, don't foget to check for TFRs near campus right before you fly. If there is an event (game) at the stadium, you can't fly within 3 miles of it, starting 60mins before the event and lasting until 60mins after the event is over.
Bottom line: UT can't tell you squat about flying over their property; it is the National Airspace and is governed solely by the FAA. They can 'prohibit' you from taking off or landing  on their property, though.

 

[mavic3usa]

Seems to me if the University had control over their own airspace, they wouldn't need one of these: The University of Texas at Austin Police Department (UTPD)

Temporary Flight Restriction (TFR) Alert - University of Texas
Attention, UT! A Temporary Flight Restriction (TFR) will be in effect over University of Texas during Commencement Ceremony

Effective: May 10th 1500-2330

Location: UT Austin

No Drone Zone – Unauthorized flights are prohibited

 

[RangerEd]

The Rule you show really has nothing to do with the flying of the Drone and while I would advise you to stay clear of their property while doing takeoffs and landings or you will be trespassed. You can legaly fly over them. You may even film the university to your hearts content..What you can't do (according to this) is, use that film when you run for mayor or if you open a new TV Repair shop in Town.

I agree. You have to takeoff and land outside the perimeter of the campus to fly over the campus. You just can't use the pictures/videos for commercial gain. Can you publish it on YouTube? The "personal" part of their letter seems to indicate no. Personally I think you have every right to publish it online on a personal basis. But do you want to find out who is legally right? For me it wouldn't be worth the fight in court unless you have a lot of money to spend on lawyers.

 

[mavic3usa]

I agree. You have to takeoff and land outside the perimeter of the campus to fly over the campus. You just can't use the pictures/videos for commercial gain. Can you publish it on YouTube? The "personal" part of their letter seems to indicate no. Personally I think you have every right to publish it online on a personal basis. But do you want to find out who is legally right? For me it wouldn't be worth the fight in court unless you have a lot of money to spend on lawyers.

Have you been online lately? "Ownership" is not a thing.

Don't let these places fool you into believing they own what you can see from the public or they have some kind of magical rights to what you can do with what you see with your own eyes. Promise you these drone pilots didn't get permission for this and they won't be going to "court" over it if they didn't.

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[Etbrown4]

UT is full of it and wrong on two counts.

We all know that the FAA alone controls airspace unless there's a TFR, but it's still the FAAs rule.

Regarding your right to take a photo or video in public, I'd dare them to sue me, even if i put it on youtube. As others mentioned, you'd likely have problems if you tried to sell the pics or use them in a tv or print ad. Otherwise, I say you are good to go. People who think they own the airspace above them, just don't know the facts.

 

[Cafguy]

They are not saying that you cant take the photo they are just saying you cant use a photo of them in your Advertisement. At least thats all the rule the OP submitted says.

 

[Etbrown4]

Op tells us that Ut said, "Flight request 8822 has been denied".
- Means Ut saying no flight and as a result, no pics.

Another poster said, "Some university lawyer has mistaken the fact that while yes you cant take pics of them from the air..... "
- Means that that person belives UT can bar someone from taking pics from above their property.

I believe both statements are incorrect.

 

[Cafguy]

Op tells us that Ut said, "Flight request 8822 has been denied".
- Means Ut saying no flight and as a result, no pics.

Another poster said, "Some university lawyer has mistaken the fact that while yes you cant take pics of them from the air..... "
- Means that that person belives UT can bar someone from taking pics from above their property.

I believe both statements are incorrect.

I am not saying they can bar you from taking pics I am simply saying that if you ever use those pics for gain the university will sue you......and win...... I think it is someone at the university that has mistakenly come to the conclusion that that means the university has airspace authority.....It does NOT. Think about it this way.... You can take pictures at Disney BUT You can NEVER "OWN" a picture you take at Disney.