Rich QR
Well-Known Member
The prolonged pattern of repeatedly going out to gather images and later selling those images would make it harder and harder to claim recreational intent. Eventually, there would come a point where a judge and/or jury of reasonable persons wouldn't believe that the pilot's intentions were strictly recreational at the time of the flight.I think this will change, what would prevent anyone from going out every day and flying "recreationally" ... but then sell the imaging later.
As soon as the recreational intent becomes reasonably ambiguous, that's when there is a danger that the pilot could end up with legal bills that would make him wish he'd gotten a part 107 license before attracting the attention of the FAA. That could be true even if he eventually prevails in court.
FWIW, I'm not a lawyer, but there are many lawyers in my family.