Can you Monetize your Videos that you shot as a Recreational Pilot flying for Fun and you are now Part 107 UAS Certified? Answer: Probably Yes!

[LoudThunder]

This posting is specific for Drone Pilots in the USA under the authority of the FAA…

I have been an active participant on several Web sites dedicated to Drones, specifically: DJI Forum, MavicPilot, DronePilot, PhantomHelp, and Pilot Institute's Community 101 and one question that keeps getting asked over and over again and each time receiving a different version of two answers is "Yes you can…" and "No you can't…" and the rational behind the various answers ranges from the astute to the inane…

So, I decided to finally go to the "Horse's Mouth" (the "FAA UAS Support Center") and get a Definitive Answer that you can take to the Proverbial Bank, so to speak…

My Email to the FAA UAS Support Center is on the bottom of the attachment and their reply is on the top.

The deciding factor of whether you can move your fun photos and videos from your Family Social Media accounts where you shot them recreationally to keep Grandma up to date… Is "Intent…"

They use the storyline of "Big Foot" where you and some friends go camping in the woods one weekend and you take your drone to get some imagery of the scenery. You have no intent to use that drone imagery for anything other than your personal enjoyment.

A few days after your camping trip you are looking at the video and to your astonishment, you have captured imagery of Big Foot. Before you know it the National Enquirer is at your door with a huge financial offer for the imagery.

Can you sell it? You did not take it with the intent of spotting Big Foot, so the FAA is unlikely to try to prevent you selling your imagery.

The byword is "Unlikely" because trying to disprove your original "Intent" is an exceedingly high hurtle to prove otherwise. They do not have the Time, Money, or Inclination to pursue cases like this when the most probably "punishment" would be an order to remove the offending video…

So, my take on this is if all your old photos and videos were originally shot for your personal enjoyment, then they are all fair game to be Monetize after you acquire your Part 107 UAS Certification…

If you liked this Posting, Please “LIKE” it and leave a “Comment…”

LoudThunder


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[GFields]

Yes

 

[Droning on and on...]

Leaves the open question (to me at least), can you sell those images to the National Enquirer if you haven't subsequently gotten a p107?

 

[LoudThunder]

can you sell those images to the National Enquirer if you haven't subsequently gotten a p107?

Yes you can because the intent was to shoot the imagery of the camping trip, not of Big Foot… Now, if you and your friends see Big Foot and you grab your drone and go video Big Foot, then your intent was to video Big Foot…

Numerous recreational flyers have been out hiking and camping and an avalanches or flash flood occurred while they were filming and they had no problem selling the video. But if they were out and these things happened and then they pull out their drone, then their intent was to film the disaster…

So, if you have a "gold mine" of unsold Big Foot Videos, then go get your Part 107 Certification and the FAA probably will not worry about the intent, they have too many other things to do with folks flying around airports, sporting events, and in controlled airspace…

So, if you still are not convinced that you can sell your Big Foot Videos, then post them here so the rest of us can enjoy them… L L . . .

 

[Zbip57]

It's still an absurd distinction.

You and a bunch of your friends (it doesn't matter if you're all trained pilots, or just a bunch of hooligans) go camping and decide to throw a drone up "just for fun". That's permitted by the FAA under the recreational exemption as long as you stick to the most basic simple set of rules, fly no higher than 400', stay within VLOS, don't endanger the national airspace, etc.

That's all considered safe and acceptable by the FAA.

Then one of you gets the bright idea to use the drone to hunt for Big Foot. NOW suddenly the FAA steps in and says you need to know how to read an Aeronautical Sectional Map, decipher METAR reports, etc. etc. etc. as though you and your hooligan friends (or even your qualified pilot friends) suddenly present a MUCH greater risk to the national airspace.

It's ridiculous. Why is it considered safer to fly just for fun rather than with any other intent, when it's the exact same bunch of hooligans flying the exact same drone from the exact same campsite?

If hooligans can be trusted to fly safely under a simple set of rules, wouldn't any responsible professional be equally capable of flying safely under the exact same set of simple rules?

 

[chadCO]

The fact the FAA hasn't dealt with Boeing and their 3 decade long failure shows the FAA isn't really a viable agency at all. When they clean up their failure perhaps they might have some credibility..... Until then.... they are an epic joke.

 

[Droning on and on...]

If hooligans can be trusted to fly safely under a simple set of rules, wouldn't any responsible professional be equally capable of flying safely under the exact same set of simple rules?

Hooligans can be trusted with just about anything.

Except soccer games. In England.

 

[LoudThunder]

You and a bunch of your friends (it doesn't matter if you're all trained pilots, or just a bunch of hooligans)

I do not see how you really have anything to offer in this discussion as you are Canadian and not under authority of the rules and regulations governing the airspace in the United States...

Your Rules and Regulations are directed by Transport Canada and they almost exactly mimic the FAA Rules and Regulations.

Flying your drone safely and legally

How to fly a drone legally and safely in Canada

tc.canada.ca

I write they "almost exactly mimic" except the FAA's authority ends with Suspending or Revoking your Flying Certificate, while in Canada, they have the authority do that and to impose fines:

* Fines for individuals Canadian violating Canadian Airspace Rules and Regulations…

*** up to $1,000 for flying without a drone pilot certificate
*** up to $1,000 for flying unregistered or unmarked drones
*** up to $1,000 for flying where you are not allowed, and
*** up to $3,000 for putting aircraft and people at risk

And to just fly a drone in Canada, a person must have a valid, printed, or electronic drone pilot certificate from Transport Canada. You can get a certificate by passing a 35-question, 90-minute online exam, and completing a flight review. You must be at least 14 years old to take the exam, and you need a score of at least 65% to pass. If you fail, you must wait 24 hours and pay $10 to retake the exam.

So, I guess I really know more about what is happening on both sides of the border than you do…

I await your Flaming Response…

 

[Droning on and on...]

I do not see how you really have anything to offer in this discussion as you are Canadian and not under authority of the rules and regulations governing the airspace in the United States...

Gee, doesn't his status as another free human being on earth give the same license to comment and discuss issues here just like you? Are you more entitled in some way because your an American?

Wow.

 

[GFields]

Stay on topic folks and remain civil.

 

[Zbip57]

I await your Flaming Response…

This has nothing to do with flaming responses...

I guess I really know more about what is happening on both sides of the border than you do…

That may be your mistaken opinion, but you seem to have entirely missed my point, which is the following:

It makes sense to me that there should be distinctions in some laws and regulations based on "intent". For example, killing someone is obviously wrong and contrary to many laws. But, even though it ultimately makes no difference to the person who was killed, there is a big difference between killing someone with full criminal intent versus accidentally. And there are even further distinctions, i.e. first degree murder versus 2nd degree versus manslaughter versus insanity pleas, etc. etc.

My point is, flying a radio controlled aircraft of any type, is considered either safe enough that anyone can do it under the recreational exemptions, or it's considered dangerous enough to require full Part 107 regulation. Why should the determining factor between those two levels of regulations be whether you're just having fun while camping, or you're purposely looking for Big Foot?

The FAA's continued distinction between Recreational vs Non-Recreational is absurd.

Your Rules and Regulations are directed by Transport Canada and they almost exactly mimic the FAA Rules and Regulations.

The various levels of Canada's rules are distinguished solely by the weight class of your drone, and where you fly it.

Sub-250g remains the "common sense" category where the only applicable regulation is the "don't be stupid rule" CARS 900.06 of not interfering with manned flight or creating a hazard to people on the ground.

Small remotely piloted aircraft 250g-25kg need to be registered and require either a Basic or Advanced Certificate to operate. The simpler Basic rules apply when flying within Class-G uncontrolled airspace. If you need to operate within controlled airspace then you need the more stringent Advanced Certificate.

Transport Canada doesn't care whether you're flying fun while camping or hunting for Big Foot. In Canada it makes no difference whatsoever whether you're flying for fun or business. The same rules apply to everyone, the only distinction being weight and flying location.

Meanwhile, in the USA, you have absurd distinctions like allowing you to fly your unregistered sub-250g mini for fun while camping, yet requiring you to fit Remote ID modules (loading your Mini to greater than 250g) if instead you "intend" to hunt for Big Foot while camping.

I do not see how you really have anything to offer in this discussion as you are Canadian and not under authority of the rules and regulations governing the airspace in the United States...

If anything requires "flaming", it would be this small-minded statement from you. I'll leave that to others.

As a Canadian, I do sometimes find it necessary to travel to the USA, and in the past I have sometimes brought my drones with me as there are many places and opportunities within your beautiful country in which to fly drones. But, your country's overly complex regulations (and politics) have become increasingly perplexing. The last few times we've been down your way, I've simply left my drones at home.

 

[GFields]

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