hobby vs 107

[PoonDog]

Just to clarify, I am working on getting my 107 just to say I have it. The other problem I see with getting compisation for a photo or video, all of a sudden you are a buisness. That requires a buisness licence, bond , state and local taxes , Liability insurance (AMA liability ends when buisness begains) and all sorts of other headaches. I guess it's all about interpitation of applicable law's

Bottom line, do as you please. Fly safe.

 

[PoonDog]

I can think of one reason - IT'S THE LAW. Most reasonable people go with the flow and obey the laws regardless of how sensible or otherwise they are. Without wanting to state the obvious it's all part of living in a society.

I am very farmiliar with the Law, probably more than most.

 

[deleted member 877]

I am very farmiliar with the Law, probably more than most.

Why ? Are you as lawyer ?

 

[deleted member 877]

The other problem I see with getting compisation for a photo or video, all of a sudden you are a buisness. That requires a buisness licence, bond , state and local taxes , Liability insurance (AMA liability ends when buisness begains) and all sorts of other headaches.

Simple solution. Avoid any "headaches" by not accepting any compensation or payment for your photos/footage.

 

[JSKCKNIT]

Hypothetical situation.

There are a couple of times a year at my work that we have outdoor type shows on our property. If I bring the drone in and take some pics or videos, then give them to our marketing department to use for whatever, what certification does that require?

I wouldn't be getting paid for this work - not anything above what I would make anyway, rather I would gladly do it voluntarily, but I guess I would likely be at work when I am doing this, just flying the drone around taking pics instead of my normal work.

I would guess that technically I should have a 107 certification for this correct?

Technically you should have your 107. Realistically, nobody will care or even know!

 

[deleted member 877]

Technically you should have your 107. Realistically, nobody will care or even know!

"Realistically", as drones become more and more visible to the general public, there is a good chance that someone will indeed care and submit a report to the authorities. Suggest that if you haven't already read post #10 than go back and re-read it.

 

[JSKCKNIT]

"Realistically", as drones become more and more visible to the general public, there is a good chance that someone will indeed care and submit a report to the authorities. Suggest that if you haven't already read post #10 than go back and re-read it.

Has it happened, yes! There's no arguing that. Unless he's flying like a madman, nobody will care.

If he never asked the question on here, would you even know it's his video?

 

[deleted member 877]

Has it happened, yes! There's no arguing that. Unless he's flying like a madman, nobody will care.

If he never asked the question on here, would you even know it's his video?

Totally not the point. It's all about whether or not the O.P. should take the risk or even act in contravention of the regulations in the first place. It's just another example of an irresponsible attitude and outlook (published in the public domain) that does absolutely nothing to further the interests of the wider drone flying community.

And of course someone may very well care regardless of whether or not someone is "flying like a madman". You can't just state that "nobody will care". How can you know that ??

 

[JSKCKNIT]

Totally not the point. It's all about whether or not the O.P. should take the risk or even act in contravention of the regulations in the first place. It's just another example of an irresponsible attitude and outlook (published in the public domain) that does absolutely nothing to further the interests of the wider drone flying community.

And of course someone may very well care regardless of whether or not someone is "flying like a madman". You can't just state that "nobody will care". How can you know that ??

Agree to disagree. Using your logic, only FAA-Certified Drone Pilots should upload videos to YouTube.

 

[deleted member 877]

Agree to disagree. Using your logic, only FAA-Certified Drone Pilots should upload videos to YouTube.

I believe that It's OK for recreational drone operators to upload videos to non-monetised YouTube sites.

 

[Meta4]

I Just dont get it. I cant figure out any reason why I cant give anyone I want a picture or , hevans forbid, one of my lousy video's. And likewise, if they want to give me a chicken,so be it.

You can give away as many pictures as you want to, there's no law against that.
In fact the FAA has no regulations about photography at all.
The FAA is concerned with commercial flight - not photography.
They care about you flying for someone, not what photos you might take and what you do with them.

 

[crlmjohnson]

money and the amount of money is irrelevant since voluntary services would be included; what you described is certainly part 107. my guess is if you gave it to the people in the video for them to enjoy seeing themselves and seeing the landscape, i wouldn't get a 107 for that. but if you are the guy in your company with the drone and you gather content for the marketing department (even if they use it for a gag reel or the intro to the company outing video or play it in the foyer for visitors to watch), your company has a defacto 107 pilot in their midst. not a hobby for you at that point, you're furthering the business, it's 107 for sure.

but i'm not 107 so i could have it all wrong.

it would be 107...trading the pictures for something would be 107, or if the company use the pictures for profit, even if you did not received anything from the company for the pictures.
Bottom line...I got my license just so, that I would not have to worry about whether or not I was legal or not legal. the 107 gives me the right to do what I want to...sell, trade..or even give away for free, if I choose.

 

[kwilliams6045]

Hypothetical situation.

There are a couple of times a year at my work that we have outdoor type shows on our property. If I bring the drone in and take some pics or videos, then give them to our marketing department to use for whatever, what certification does that require?

I wouldn't be getting paid for this work - not anything above what I would make anyway, rather I would gladly do it voluntarily, but I guess I would likely be at work when I am doing this, just flying the drone around taking pics instead of my normal work.

I would guess that technically I should have a 107 certification for this correct?

Sounds like your being paid hourly and your duty is flying a drone while being paid that hourly wage. But then again, the chances of the FAA doing anything is slim to none. Many ppl fly for money without a 107 with no consequences. As a 107 pilot, it’s frustrating to know that I took all the necessary steps to become a pilot to fly commercial legally and so many ppl fly commercial without consequences. Almost sounds like the illegal immigration issue. Lol

 

[RickinWaST]

I’m a soon to be first time drone owner (M2Pro) and knew very little come into the forum 2 weeks. I read with interest about the FAA certification process. My first thoughts were I’ll not be in a position to need to take the test.

In the situation present here the replies has been enlightening. I was approached by a non-profit & asked to shoot a video next year for one of there outdoor fundraisers.

Now, I’m sure I will study for the FAA certification test. I’ll search elsewhere to find the best study methods.

What I have repeatedly read on the forum is to be a responsible drone owner. Know the restrictions, understand how to operate your drone {Any idea how many “I crashed my drone” notices that are pilot error?} and be respectful of where & when you are flying.

It is one’s responsibility to know the [FAA] law/requirements. Ignorance in most cases will not be a defense. There may be more knowledgeable drone operators here that are familiar with how the FAA functions and their enforcement?

 

[PoonDog]

Why ? Are you as lawyer ?
[/QUO

I dont want to give the impression that I think you,or anyone else should not have a 107, but, I was involved in law enforcement for 21 years and in that time I never investigated a drone crime. Also, both Law Enforcement and the FAA have plenty to do other than worry about you selling a picture and furthermore Im not sure if law enforcement can enforce part 107 as it is not a law it is a regulation. LE could intervien if you are opperating in an un safe manner and endangering persons or property. That would fall under "Reckless endangerment" witch is a misdeminor and you could get a citatrion and be fined.

I am of the opinion that if you are flying with the intent to profit, you should follow Part 107 and everything else that is involved in beingf in buisness. Just the fact that you have part 107 certificate dose NOT mean you can opperate a buisness without following ALL of the rules. Just wanted to add , violating state and locaL business mandates will cause you p[roblems alot quicker than the FAA.

l
Im done. And i still cant spell.

 

[PoonDog]

Drone Operator Fine for operating as Part 107 w/o Part 107 (IIRC) is $2500
Company Utilizing Drone Operator who is operating without Part 107 fine (IIRC) $11,000

Has anyone been fined yet? Negative... but someone is going to be the first and you probably don't want it to be you.

All it takes is one person to SEE the video and think "Hey I spent the time and $$ to get Part 107 and this guy is doing the same thing w/o Part 107"... a simple anonymous phone call or an anonymous ONLINE submission will get some degree of investigation going. Jealousy makes people make unusual decisions.

If you ever intend to go Part 107 there is no way I would do this and jeopardize the ability to get it later on. I can tell you first hand that once you're on the FAA Radar it's not a fun place to be.

For transparency..... If I were watching a company video and saw drone shots I would most likely "politely" inquire about the legality of it. If I found out it was a non Part 107 operation I would have no problem making that phone call or ONLINE submission. Just my 2 cents.

sad, just my 2 cents