Do I need a part 107 if I'm volunteering to shoot drone video to promote a California State Park?

[Dangerly]

I'm not part 107 but I am registered as a recreational pilot. I've been invited by the manager of a California State Park to shoot drone video to help promote diversity and awareness of the State Park on their website. They are handling all the necessary authorizations and I don't know what that entails (yet). My question is if I'm volunteering my services and do not get paid, whether I'd legally need a Part 107 to film this? Thanks in advance if anyone knows!

 

[AlanL]

Short answer is yes you need Pt. 107. The question hinges on the intent of the flight which does not meet the criteria for recreational flight.

 

[Dangerly]

Short answer is yes you need Pt. 107. The question hinges on the intent of the flight which does not meet the criteria for recreational flight.

Thanks. You helped me find this bit on the FAA website:

• Non-recreational drone flying include things like taking photos to help sell a property or service, roof inspections, or taking pictures of a high school football game for the school's website. Goodwill can also be considered non-recreational. This would include things like volunteering to use your drone to survey coastlines on behalf of a non-profit organization.

Yeah, that pretty much excludes me without a 107. Guess I need to get my 107 now...

 

[MAvic_South_Oz]

If you have footage taken as a recreational pilot on previous visits, you can edit and offer that though.
The intent at the time was purely recreational.

 

[mike foy]

If you have footage taken as a recreational pilot on previous visits, you can edit and offer that though.
The intent at the time was purely recreational.

That seems like a slippery slope to me and you might get away with this argument, but the Part 107 is a better route and learning how to fly your drone better and I enjoyed studying for the examination and you are taking employment away from pilots who have paid the money, taken the time are are licensed to legally complete this work (I hope don’t sound stuffy)

 

[akdrone]

That seems like a slippery slope to me and you might get away with this argument, but the Part 107 is a better route and learning how to fly your drone better and I enjoyed studying for the examination and you are taking employment away from pilots who have paid the money, taken the time are are licensed to legally complete this work (I hope don’t sound stuffy)

It's not a slippery slope at all. If you fly with the intent of just going out for fun and film something dramatic you can sell that footage for a fortune if you can get it. The FAA is very clear on this. If you launch and fly for simple fun and pleasure and capture something coincidentally all is good.

 

[Vic Moss]

That seems like a slippery slope to me and you might get away with this argument, but the Part 107 is a better route and learning how to fly your drone better and I enjoyed studying for the examination and you are taking employment away from pilots who have paid the money, taken the time are are licensed to legally complete this work (I hope don’t sound stuffy)

It's definitely not a slippery slope. The FAA doesn't care what you do with imagery taken under a recreational flight. All the FAA is concerned with is what your intent is at the time of the flight.

For a while there was a media use policy paper on the FAA's UAS resource site (Policy Document Library | Federal Aviation Administration) but it was removed when they published their current version last December. That explained the policy for news agencies to use imagery submitted by recreationals flyers. It stated that nothing in the FAA regulations prevented a media outlet from using footage submitted to them, no matter if the flight was taken under recreational or non-recrational rules. And the same goes for non-media or personal sales.

For instance if you shoot some beautiful footage of a local park, and a developer getting ready to start a nearby community sees it and wants to buy it from you, it's perfectly legal even if you don't have a 107.

The OP definitely needs to have his 107, there is no doubt about that. Because it fails the first section of 49USC 44809 (https://uscode.house.gov/view.xhtml...lim-title49-section44809&num=0&edition=prelim) where is states, "The aircraft is flown strictly for recreational purposes." So his flight is a 107 flight.

 

[DougMcC]

I live in CA - both in the south ( Long Beach) and north (Redding). I am A Part 107 experienced Air 2S and Mavic 3 pilot. I may be able to meet with you and help you take advantage of this unique opportunity. You can message me with details if you wish.

 

[Vic Moss]

I live in CA - both in the south ( Long Beach) and north (Redding). I am A Part 107 experienced Air 2S and Mavic 3 pilot. I may be able to meet with you and help you take advantage of this unique opportunity. You can message me with details if you wish.

Take advantage of this offer @Dangerly. As long as @DougMcC is standing next to you, you can fly under 107 rules. This way you can both take part if this fun volunteer opportunity to help out the parks.

 

[PHZ]

Don’t forget your liability insurance. If anything should go sideways, think what fun the lawyers would have with the Park system. They will be visiting the yacht shop.
If you get your 107, you will never regret doing so.
Have fun.

 

[MAvic_South_Oz]

That seems like a slippery slope to me and you might get away with this argument, but the Part 107 is a better route and learning how to fly your drone better and I enjoyed studying for the examination and you are taking employment away from pilots who have paid the money, taken the time are are licensed to legally complete this work (I hope don’t sound stuffy)

Of course getting the part 107 is a great idea, even with legalities aside using older footage pasted together (if any exists) would not be as good as setting out with the parks approvals and getting the best scenes etc.
But sounds like without it (and not enough time to gain it) the OP would miss out on the opportunity to do this for the Cali State Park he's been asked to film.

The opportunity above for @DougMcC to participate with @Dangerly is an awesome way to team up.
Two heads is always a great way to get different perspectives of how to film, scenes, opportunities etc.
It could certainly be put forward that it also provides the extra safety aspects of having a spotter to assist or take over if needed.
It'd be great for both parties on this, and maybe future ventures.

 

[Schweizer 126MH]

I'm not part 107 but I am registered as a recreational pilot. I've been invited by the manager of a California State Park to shoot drone video to help promote diversity and awareness of the State Park on their website. They are handling all the necessary authorizations and I don't know what that entails (yet). My question is if I'm volunteering my services and do not get paid, whether I'd legally need a Part 107 to film this? Thanks in advance if anyone knows!

Short answer is yes.

 

[DesertWindAero]

My advice to all -- just get the Part 107. It's not that hard and you won't have to do any mental or policy circumstantial gymnastics to figure out if it's required or not for a particular mission or event.

 

[Dangerly]

I live in CA - both in the south ( Long Beach) and north (Redding). I am A Part 107 experienced Air 2S and Mavic 3 pilot. I may be able to meet with you and help you take advantage of this unique opportunity. You can message me with details if you wish.

Wow, what a kind and awesome offer! Thank you so much. Yes, yes, yes!!! Let's connect! I would love to collaborate with another drone pilot on a project like this. Let's connect and do something, and of course we gotta post something here on this thread showing the outcome!

I'm grateful to the community here for all your support on this question.

 

[gotdrone]

Sorry if I missed this already but the government employees are exempt from Part 107 right? I remember running across something that law enforcement / first responders are exempt from 107, I thought that's for all gov't employees. Maybe not.

If so, make them the pilot and they're letting you operate the drone.

 

[Vic Moss]

Sorry if I missed this already but the government employees are exempt from Part 107 right?

Make them the pilot and they're letting you operate the drone.

Nope. Some can be if they fly under a Public COA, but that’s for First Responders.

You have to have your 107.