Legal pictures

[Realtorguy1]

i am a realtor. I know if i was going to get paid for pictures I would need more insurance etc.. however, if I just take pictures for my listings and i only usually fly up and take a couple of the backyards, is there a problem with this?

 

[whiskeylover]

Any commercial use would require that you be part 107 certified.

 

[Top Hat]

It's your pictures and if you're not selling it,can't see anything wrong with it.
Unless you're selling it for monetary gain, then that's different.JMOO

 

[msinger]

It's your pictures and if you're not selling it,can't see anything wrong with it.

It will be a problem if @Realtorguy1 lives in the US. Since he'll be using his drone to make money, the FAA will consider it a commerical use.

 

[Realtorguy1]

Any commercial use would require that you be part 107 certified.

Thank you. I am technically not making money from them but would be making money BECAUSE of them so I knew it was gray at best. How do I get certified?

 

[msinger]

How do I get certified?

You can find details on the FAA's website here.

 

[pixl]

It's not a grey area at all. It's deemed commercial use by the FAA, period. Part 107 is the way to do it legally.

That said, I don't know many Realtors that have their Part 107, and most rural real estate listings feature drone shots. Draw your own conclusions.

 

[L.L.]

The pictures would be considered for the purpose of "furthering your business" so therefore the FAA would probably deem it commercial. That said, if you don't know nothin, neither do I.

 

[bowens44]

It's your pictures and if you're not selling it,can't see anything wrong with it.
Unless you're selling it for monetary gain, then that's different.JMOO

He i talking about commercial use. He is using the photos for monetary gain.

 

[microlinux]

Thank you. I am technically not making money from them but would be making money BECAUSE of them so I knew it was gray at best. How do I get certified?

At the end of day, there is no gray area. If you are not flying for the sole purpose of recreation, the flight is considered "commercial" - even if there is no compensation involved.

 

[dewster]

Kind of crazy that you can't take a drone photo and then sell it or use it in commercial means without a F.A.A. License. It's the technical side of the law that prevents it from happening.

 

[FlyGuy8675309]

Use your drone for inside shots and let Google Earth do the rest.

 

[KiterTodd]

If anyone every questions the legality of one of your photos, play dumb...
"What drone?" do they mean the photos you took with your GoPro stuffed in this nerf rocket?!?

Make sure you've first scrubbed the EXIF data off your photos. Should probably do that anyway...

 

[Realtorguy1]

At the end of day, there is no gray area. If you are not flying for the sole purpose of recreation, the flight is considered "commercial" - even if there is no compensation involved.

Well I guess I get a license. I see some prelicensing courses online. Any you'd recommend?

 

[Realtorguy1]

The pictures would be considered for the purpose of "furthering your business" so therefore the FAA would probably deem it commercial. That said, if you don't know nothin, neither do I.

I dont fly up high like a lot of drone shots. I usually am not above 75 ft and fly for a few minutes.

 

[microlinux]

Well I guess I get a license. I see some prelicensing courses online. Any you'd recommend?

Sorry, I don't have experience with any. If you have more time than money, you can find pretty much everything you need online. It's not rocket science, but a good course is probably easier to consume.

 

[Scarab69]

Don't get hung up on $$$ compensation. Hobbyist exemption only covers fun flights. If you use the drone for any other purpose, you are no longer exempt and are considered "commercial".

Flying for fun, taking pics and vids to share with friends and family is all exempt.

Flying your drone out in the field to see where your cattle are is commercial use. Likewise for checking storm damage on your roof. Taking real estate pics, even if it your own home, is commercial.

All these are commercial because they are done with a purpose other than recreation.

All that being said, once you get your 107 cert, you can still fly as a hobbyist (if it is just for fun).

Another note: hobbyists CAN sell their phots/videos without a part 107 certification, as long as those photos/vids were taken during a recreational flight with no intent of selling them. Make sense?

For instance, filming your pond, and all the sudden Nessie pops up. Yup, you can sell that. Also, if you post a beautiful picture, and someone contacts you and asks about buying it. Yup, you can sell that too.

 

[pixl]

Don't get hung up on $$$ compensation. Hobbyist exemption only covers fun flights. If you use the drone for any other purpose, you are no longer exempt and are considered "commercial".

Flying for fun, taking pics and vids to share with friends and family is all exempt.

Flying your drone out in the field to see where your cattle are is commercial use. Likewise for checking storm damage on your roof. Taking real estate pics, even if it your own home, is commercial.

All these are commercial because they are done with a purpose other than recreation.

All that being said, once you get your 107 cert, you can still fly as a hobbyist (if it is just for fun).

Another note: hobbyists CAN sell their phots/videos without a part 107 certification, as long as those photos/vids were taken during a recreational flight with no intent of selling them. Make sense?

For instance, filming your pond, and all the sudden Nessie pops up. Yup, you can sell that. Also, if you post a beautiful picture, and someone contacts you and asks about buying it. Yup, you can sell that too.

I'd be interested in seeing the sources for the legal exceptions you're citing. I'm not saying they don't exist, but I haven't found them.

As with all such endeavors, I recommend getting a written legal opinion as opposed to a bunch of well-meaning folks on the internet.

 

[msinger]

I see some prelicensing courses online. Any you'd recommend?

I keep a list of commonly used free/paid FAA Part 107 courses/resources here.

 

[Scarab69]

Not sure which exceptions you are referring to. The only exception I mentioned is the special rule for hobbyists.

If you are talking about recreational photos being sold, then it isn't an exception at all. The FAA controls what you can and can't do during a flight. So, the flight is either commercial, or non commercial (exempt). That determination is made by the pilot before the flight.

There aren't many legal sources to cite on the matter. The FAA has released policy directives, comments, and guidance. Heck, even the validity of their "rules" are in question by the legal system.

That being said, here is a link to an article which cites the FAA's own opinion on recreational photo/video being sold. Hope this helps.

FAA Says Media Can Use Drone Photos From Citizen Journalists, Not Professionals