D
Deleted member 114292
Guest
I sent a link to this to the FAA.
==== My Question ====
Is this memo still valid?
Can a non Part 107 pilot still sell his photographs based on intention to anyone, not just the news media?
==== FAA Response ====
Good Morning,
The memo you attached references section 336 of Pub. L. 112-95. Section 336 was repealed and replaced in its entirety by Section 349 of the FAA Reauthorization Act of 2018 (Pub. L. 115-254). The Exception for Limited Recreational Operations of Unmanned Aircraft established by section 349 is codified at 49 U.S.C. 44809. The Exception allows a person to operate a small unmanned aircraft without specific certification or operating authority from the FAA if they adhere to a set of limitations. The first limitation is that the aircraft is flown strictly for recreational purposes.
Any operation that is not strictly recreational is governed under Part 107, and thus requires a Remote Pilot Certificate. You mentioned intent... Someone that sells pictures is not conducting a recreational operation. If the original intent was indeed recreational, there is nothing that precludes the operator from selling those photos when they are later operating under Part 107, but they certainly will need a Remote Pilot Certificate to conduct non-recreational operations.
Hopefully this provides some clarity.. You certainly may reach out to AGC directly for more specific clarification and any questions about AGC memos specifically: Regions and Centers.
Thank you for contacting the FAA's Unmanned Aircraft Systems (UAS) Support Center.
Please follow up with any further inquiries at [email protected]. Additional information is also available at Unmanned Aircraft Systems (UAS).
We appreciate your Feedback. Please select: UAS Safety and Integration Division AUS-400.
LL
==== My Question ====
Is this memo still valid?
Can a non Part 107 pilot still sell his photographs based on intention to anyone, not just the news media?
==== FAA Response ====
Good Morning,
The memo you attached references section 336 of Pub. L. 112-95. Section 336 was repealed and replaced in its entirety by Section 349 of the FAA Reauthorization Act of 2018 (Pub. L. 115-254). The Exception for Limited Recreational Operations of Unmanned Aircraft established by section 349 is codified at 49 U.S.C. 44809. The Exception allows a person to operate a small unmanned aircraft without specific certification or operating authority from the FAA if they adhere to a set of limitations. The first limitation is that the aircraft is flown strictly for recreational purposes.
Any operation that is not strictly recreational is governed under Part 107, and thus requires a Remote Pilot Certificate. You mentioned intent... Someone that sells pictures is not conducting a recreational operation. If the original intent was indeed recreational, there is nothing that precludes the operator from selling those photos when they are later operating under Part 107, but they certainly will need a Remote Pilot Certificate to conduct non-recreational operations.
Hopefully this provides some clarity.. You certainly may reach out to AGC directly for more specific clarification and any questions about AGC memos specifically: Regions and Centers.
Thank you for contacting the FAA's Unmanned Aircraft Systems (UAS) Support Center.
Please follow up with any further inquiries at [email protected]. Additional information is also available at Unmanned Aircraft Systems (UAS).
We appreciate your Feedback. Please select: UAS Safety and Integration Division AUS-400.
LL