AMann
Well-Known Member

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We know ‘should have’s are optional... it’s just advice from one who never gets tickets, or into fights or arguments in public and usually leaves with a positive outcome for both sides over it.
As a pilot, the "should have's" are distractions from my singular purpose: flying my aircraft safely, and within the law. Period.
It's confusing to people when you say "should" because that implies that it's a requirement. It's not.
If I want to be nice/considerate when some random person approaches me, that's my choice, but not my obligation (legal or otherwise). I can also ignore them. That's my right. They are distracting me from flying, not the other way around.
I also don't get tickets - but I do regular maintenance on my vehicle, and I try to know the law wherever I drive.
I don't get into fights and arguments in public because if someone approaches me, I'm going to calmly and reasonably explain to them that I'm flying legally in FAA airspace, and that if they have any concerns to please contact the authorities and we'll straighten it all out. No problem.
But I'm under no legal obligation to do that with anyone except a legal authority (police officer, FAA official) with jurisdiction, who presents their credentials. When presented with a legal authority, I will explain that I need to safely land my aircraft, and at that time, I will provide any documentation they may require. THAT is the law. That is what's required.
Please understand that my reticence when confronted with a random non-authority is my legal right, protected by United States federal law. I don't have to talk to anyone I don't want to. Freedom of association. Anyone forces that, they'll have a lawsuit. Touch me or my property, and we have a criminal and a civil lawsuit (backed up by GPS and video footage). If you don't think I should be somewhere, call the police. Bring in the authorities. Vigilantism sucks. And most of these "should's" that people have posted here are because of vigilantism and mob mentality, not because it's a legal requirement.
I feel it's important to discern between the two.
Agree with this, of course, but even this is no longer foolproof due to the current hysteria. I was on assignment at a state park (no restrictions on photography) and asked a couple of dads if I could photograph them and their kids playing baseball near the ocean. Got a few shots before the moms showed up up and demanded to know why I was photographing their kids. The gutless husbands were silent while I dealt with the women. A photo was published, I never heard from them again, and I made a point of not contacting these people. The experience soured me on this type of assignment. Much happier shooting stock on my terms and working in a state park.Get permission first always before doing it, because even law enforcement will not be on your side on that one.
Agree with this, of course, but even this is no longer foolproof due to the current hysteria. I was on assignment at a state park (no restrictions on photography) and asked a couple of dads if I could photograph them and their kids playing baseball near the ocean. Got a few shots before the moms showed up up and demanded to know why I was photographing their kids. The gutless husbands were silent while I dealt with the women. A photo was published, I never heard from them again, and I made a point of not contacting these people. The experience soured me on this type of assignment. Much happier shooting stock on my terms and working in a state park.
Don't you use model releases for your people shots? When I used to shoot publicity shots for our local community theater program, I have found that when parents get a model release for their kids, it goes over a lot better because they feel it’s for a legitimate purpose. I even included giving them my business card with a smugmug and flickr link on it where they could privately see and download a copy or buy a print or mug of the photo for themselves, too. And, passing out the cards always led to some extra work as they called me later to shoot weddings, senior portraits and some business headshots.
As an editorial shooter I rarely asked anyone to sign a release, then mostly when I was new and thought there might be subsequent commercial use of some of the images. I gave those baseball players my card from the magazine, letting them know who I was and who I was working for. Now I happily shoot for myself, and don't have to deal with suspicions such as those that the women had. After thirty years I can't recall anyone ever asking to see a release, for models or for property.Don't you use model releases for your people shots? When I used to shoot publicity shots for our local community theater program, I have found that when parents get a model release for their kids, it goes over a lot better because they feel it’s for a legitimate purpose. I even included giving them my business card with a smugmug and flickr link on it where they could privately see and download a copy or buy a print or mug of the photo for themselves, too. And, passing out the cards always led to some extra work as they called me later to shoot weddings, senior portraits and some business headshots.
This paper on "rights" is written by an attorney in private practice. How many law suits are filed each year where one attorney says "you have rights" and the other side's attorney says "no you don't". I would never rely on such a document if confronted by a citizen. I would calmly explain to them what I am doing and if they have a problem I would encourage them to contact the local law enforcement and let the police peacefully handle the situation. For all the citizen knows, the author of the article could be your brother or the article could be totally fabricated. Finally, never, ever tell the police that you have rights. They will laugh at you will they take your drone or handcuff you.There are a lot of folks asking questions about drones and photography/videography in the forums. sUAV are essentially flying cameras.
As long as you follow the FAA rules when flying, you're basically a photographer, and you have certain federally-protected legal rights:
It's nice to know them, and share them with others.
Not only do you have legal rights as a photographer, but most states provide civil and criminal penalties against anyone who attempts to infringe on your rights.
Now, we obviously want to try and be as understanding as we can, defusing situations where possible, being "ambassadors of the flying community" but, frankly, we are pilots, flying cameras in the sky. Our primary focus should be on flying safely.
Know your rights. And don't be afraid of having your assistant hand a "concerned party" a print-out of the above PDF.
If you are legally flying in FAA-controlled air-space "I'm calling the police!" should absolutely get them a copy of the attached PDF, and possibly "Oh, could you call the police for us? I'm flying right now, and really shouldn't take my eyes off of my aircraft or controls. Thanks!"
Again: know your rights.
Hope this only applies to drone “rights”... or does it also apply to situations like police coming into your home or searching your car etc without a warrant??Finally, never, ever tell the police that you have rights. They will laugh at you will they take your drone or handcuff you.
As an editorial shooter I rarely asked anyone to sign a release, then mostly when I was new and thought there might be subsequent commercial use of some of the images. I gave those baseball players my card from the magazine, letting them know who I was and who I was working for. Now I happily shoot for myself, and don't have to deal with suspicions such as those that the women had. After thirty years I can't recall anyone ever asking to see a release, for models or for property.
I’m with ScubaBob on this. I saw another post on this subject recently. My response is simple, “it might be your Right, but is it smart?”. Whether it’s against the law or not is moot, if the other person or property owner has deep pockets, you could be faced defending a very expensive suite. But if yr thinking “my rights” you’re going to become an embittered crusader. First be thoughtful and considerate, if flying yr drone upsets somebody, apologize and go somewhere else.
Agree with this, of course, but even this is no longer foolproof due to the current hysteria. I was on assignment at a state park (no restrictions on photography) and asked a couple of dads if I could photograph them and their kids playing baseball near the ocean. Got a few shots before the moms showed up up and demanded to know why I was photographing their kids. The gutless husbands were silent while I dealt with the women. A photo was published, I never heard from them again, and I made a point of not contacting these people. The experience soured me on this type of assignment. Much happier shooting stock on my terms and working in a state park.
Thank you for your helpful explanations. Many drone operators seem to have little knowledge of these issues.Yeah. I was at a hippie-dippie community festival awhile back. Had my camera, asked a woman if I could photograph her tattoo on her back, shoulder blade. She was super happy that someone had appreciated the art (it was pretty), and I wanted to shoot it against the stage and the crowd. She was game. I took the shot.
Her boyfriend came up 5...10 minutes later (I was working the crowd), and asked me what I was doing, you can't shoot here, why did you take pictures of my girlfriend, insisted on seeing the photographs, insisted I delete them.
So yeah. I showed him the photographs. He was a jerk. I deleted the photographs even though he doesn't own her, or the rights to her likeness, and she had given me express verbal permission to shoot her tattoo.
I was absolutely in the right. I'd asked first (you don't have to ask first, by the way. Not required.) and gained permission. I was in a public park. I was legally allowed to shoot. And yet I still backed off and deleted the final images. I was under no obligation to engage with the boyfriend. None. But I did anyway.
I really hate taking pictures of people now. "Soured me on this type of assignment" is an understatement.
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