Legal pictures

[kabonski]

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

Don’t wast your time paying for one. 3DR offers a great free guide and there are many more like it. If you google “3DR part 107 Test Prep” you will easily find the right site. Just study and take a few practice exams and you will no doubt be able to pass!

 

[BigAl07]

CIVIL vs Hobbyist (Part 107 vs 101)
It seems some of the problem stems from our own misunderstanding of the regs and how they were intended. Part 107 does not mean strictly "Commercial Operations" even though everyone (even the FAA) associates Part 107 with Commercial Use. It's even noted as the "Commercial UAS Rules" by the FAA. Commercial Operations are but one portion of what Part 107 encompasses.

Part 107 technically "allows" for "CIVIL" UAS operations. Part of that "civil" operation can certainly be commercial operations but doesn't exclude other flights that are not "Commercial". Instances can be crop monitoring, Search & Rescue, Training/Teaching/Education and the list can go on.Therefore, if you are not in compliance with Part 101 and you're not on an Exemption or Public Use COA, you are operating as a civil UAS and Part 107 applies.

Here is a direct quote from our UAS Liaison with the FAA:

"Think of it this way: Everyone is a civil UAS operator, subject to Part 107 (Public Use excluded). Now, Congress mandated that certain operators be left alone (not subject to Part 107) if they are operating as a hobbyist and codified law to describe what a hobbyist operation must adhere to. The FAA took that law and regurgitated it into Part 101. So, if you're going to claim that you are NOT flying under Part 107, you must follow all of Part 101, or else you revert back to Part 107 regulations."


Basically making $$ is but one reason why you would not qualify as a hobby flight. If any portion of a flight falls (even barely) outside of hobby/recreation the whole flight defaults to Part 107 regulations.

As stated above, a hobbyist CAN sell a picture they made during a hobby/recreational flight so long as the INTENT of the flight was not to capture media to later sell. This is a very small loophole that will only work in certain instances. If you are "reported" and you've done this several times it is going to be very difficult (aka expensive) to prove you were not operating under Part 107 regs.

 

[Scarab69]

Yup, definitely get your 107. Know how to read the maps and weather. The free guides and YouTube vids will help you. Just put in a good week of study. Actually try to understand the material rather than trying to memorize test questions.

 

[drmort]

I highly recommend remote pilot 101. Great knowledge and testing info good and once you buy you can use for delicensing or refreshing your knowledge. Also inexpensive for material you receive.

 

[BigAl07]

We use and endorse Gold Seal UAV Ground School. They are FAA instructors (full size and UAS pilots) and they understand how to teach the subject matter as opposed to teaching you how to pass the test. Also it's a life time subscription and will include any future modules needed (Daytime 107.29 Waiver as example) are included in the one time subscription fee.

IMHO some of the best $$ you can spend if you're serious about being a Part 107 operation long-term.

 

[L.L.]

Here's the AMA's interpretation based on a survey they just sent out...


Are you currently performing commercial operations?

Note - even if you are not personally receiving compensation for your flying - if your work is being used in support of or to further a commercial or non-profit operation you should say yes. e.g. commercial R&D, photography to support corporate marketing, agricultural and industrial inspection or anything else that is not purely recreational.

 

[rstekeur]

I highly recommend remote pilot 101. Great knowledge and testing info good and once you buy you can use for delicensing or refreshing your knowledge. Also inexpensive for material you receive.

I used Remote Pilot 101 watched the videos for a couple of weeks and got a 97 on the test.

 

[FlyGuyNH]

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?

Just shut up, scrub the EXIF files, and carry on.

 

[Peter.smith]

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.

There are many photographers who are certified and make a business of documenting homes for realtors.

 

[jackdaws]

just a question as i have no idea..but if you were to attach a external camera to your mavic and take a photo wouldn't this unlink any EXIF data and mean you could do as you wish?

 

[FlyGuy8675309]

just a question as i have no idea..but if you were to attach a external camera to your mavic and take a photo wouldn't this unlink any EXIF data and mean you could do as you wish?

Dear Lord, what a mess this has become. LOL.

 

[TylerDurden]

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'm not sure I agree that my own looking at my gutters to see if they are plugged comes under 107...got a judicial opinion backing up that legal advice? Not trying to be an ***, but I am a Mass. attorney and I do not agree.

Also I do not agree that the intent at the time is what counts...is there an opinion for that as well?

You may well be right, but...why?

 

[HoozierDroneDaddy]

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.

According to the FAA as received from one of their Inspectors, "INTENT" is the key here. If they were flying and took the pictures and the INTENT is hobby or recreational use, and their is NO INTENT to SELL, then 107 is not required. IF the INTENT is to sell, or further the business as is with the OP (he plans to use media for listings that will enhance his business and will make him money, even if indirectly) then IT IS COMMERCIAL and he does require a 107.
The Hobby or recreational user, as mentioned above, if later is given an offer for something he took with the INTENT of recreation, then he would not require a 107 as the original INTENT was not commercial. FAA inspectors would be looking at the original INTENT.

 

[jnspenc3]

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

It seems to me that the ONLY difference between 107 License and recreation is money involved. PERIOD. Yet another way of government to take steps into your life. If it were for safety only then all flying objects would have to be licensed. Just my opinion being a retired government employee

 

[Roamer105]

According to the FAA as received from one of their Inspectors, "INTENT" is the key here. If they were flying and took the pictures and the INTENT is hobby or recreational use, and their is NO INTENT to SELL, then 107 is not required. IF the INTENT is to sell, or further the business as is with the OP (he plans to use media for listings that will enhance his business and will make him money, even if indirectly) then IT IS COMMERCIAL and he does require a 107.
The Hobby or recreational user, as mentioned above, if later is given an offer for something he took with the INTENT of recreation, then he would not require a 107 as the original INTENT was not commercial. FAA inspectors would be looking at the original INTENT. That is not the case of the OP.

Lawyer evaluation of “intent” is very subjective. It can easily go either way.

 

[HoozierDroneDaddy]

I'm not sure I agree that my own looking at my gutters to see if they are plugged comes under 107...got a judicial opinion backing up that legal advice? Not trying to be an ***, but I am a Mass. attorney and I do not agree.

Also I do not agree that the intent at the time is what counts...is there an opinion for that as well?

You may well be right, but...why?

Looking at your gutters is simply a personal inspection, you are not selling the pictures or furthering a business. It is not a commercial venture and not 107. If you contracted and were doing it for a gutter business, then it would be.

INTENT at the time of the photos/videos IS what the FAA inspector will look for. If a pilot took and later sold pictures several times, then he/she would have a hard time proving the INTENT was not for commercial use, where as a one time occurrence not so hard.

 

[Chirp]

I also got my license thru remotepilots101.com.

If I remember correctly it was $140. I think it was well worth it...

 

[atcsllc]

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

@Scarab69 That link to the article you quoted is from this date - MAY 7, 2015 @ 07:12 AM 8,828 There have been many changes since then, I suggest you do some research and pay attention to detail prior to handing out "Advice" and as an FYI I am an FAA licensed A&P Airman....The Little Black Book of Billionaire Secrets
FAA Says Media Can Use Drone Photos From Citizen Journalists, Not Professionals

 

[ccpyle]

What if I have a friend who is looking for some aerial photos for a web site they are working on. Since drones are my hobby, I offer to take some photos for them and GIVE them to them, never intending to make money. Can they use these photos? Is this also subject to part 107?

If part 101 is for hobby use, I am an amatuer photographer, and drone enthusiest. I utilize two hobbies encapsulated into one.

 

[msinger]

Can they use these photos?

They can as long as the website is not used to make money.