Monetized You Tube channel question.

[bjack76]

So a friend of mine has monetized a you tube channel that features us underwater metal detecting and other prospecting activities. My question is, If I operate my mavic pro and supply him and HIS (monetized) channel with the footage, will we be fine with me just having a recreational drone licence since I don't receive money from the channel?

 

[Cybernaut]

No. Any work you do, even voluntary work without compensation, is considered work for hire and you will need a Part 107 remote pilot certificate if the FCC knocks on your door. There are lots of videos on YouTube where drone owners claim the FCC or other agencies fined them for various violations. Most often, the fine is for flying over a restricted area, such as a wildlife sanctuary or national park. A lot of these people were fined after posting a YouTube video. Big Brother is apparently watching YouTube.

One of the examples I read about was when someone takes a video of their home and uses it to sell the home. That would technically fall under Part 107.

 

[beachcombing]

No.

Part 336 covers drone flights that are done for YOUR own personal enjoyment.

If your INTENT of the flight is to give it to someone else especially if you know that they are doing it for the furtherance of their business, then you need a Part 107 certificate (or other equivalent if you are not in the US).

The fact that you aren't receiving any money is irrelevant.

 

[beachcombing]

No. Any work you do, even voluntary work without compensation, is considered work for hire and you will need a Part 107 pilot certificate if the FCC knocks on your door. There are lots of videos on YouTube where drone owners claim the FCC fined them for various violations. Most often, the fine is for flying over a restricted area, such as a wildlife sanctuary or national park.

FCC?

Also, note that the FAA doesn't NOT restrict flights over wildlife sanctuaries or national parks.

 

[bjack76]

Wow. Okay thanks. Looks like I need to find a test center and study up..

 

[tcope]

The FAA has stated that they won't go after people who _might_ be making money from YT. I suspect this is true as long as no one complains. If they did, they would have a caseload of millions. Also, how would they prove the intent of the flight _at the time_ was to give to someone else that may or may not make money from it?

 

[Cybernaut]

FCC?

Also, note that the FAA doesn't NOT restrict flights over wildlife sanctuaries or national parks.

This is correct. Federal law prohibits drone flying in national parks, wildlife preserves, and designated wilderness areas. You can get around this in some cases by launching and landing your drone outside of a park, but then you are limited by the line-of-sight rule as you fly into the park.

There are also lots of areas restricted by states and municipalities.Some states do not allow drones in state parks.

There are other restricted areas that keep popping up.

Drone ban: FAA adds to the list of places where you can’t fly your bird

The Rules You Need to Know to Fly Recreational Drones - AirMap

 

[bjack76]

The FAA has stated that they won't go after people who _might_ be making money from YT. I suspect this is true as long as no one complains. If they did, they would have a caseload of millions. Also, how would they prove the intent of the flight _at the time_ was to give to someone else that may or may not make money from it?

Interesting. I think I will go the 107 route though. I am new to this and would really like the education. Thank you.

 

[ac0j]

Well, you could just give your friend the drone footage as a gift, and say you didnt give him permission to publish it. IF you are ever confronted with it.
IF the FAA comes after you, (you would be the first I know of) they would have to prove someone profited from the drone footage alone, I would expect. Pretty hard to do if it is mixed in with equal amounts of ground and diving footage.
I do not see how the FAA can tell anyone how and when they can make money anyway, since all they govern is NAS and pilot licensing. I dont believe there is a "police" section of the FAA that has time to chase little stuff like that down.
Unless the YT channel starts bringing in a notable amount of cash, I wouldnt worry about it.

I understand the 107 guys dont want anyone to do it without a 107 ticket, because they had to spend time and money to get it, why shouldnt everyone? They want to be better than us!

 

[macoman]

Unless the YT channel starts bringing in a notable amount of cash, I wouldnt worry about it.

I understand the 107 guys dont want anyone to do it without a 107 ticket, because they had to spend time and money to get it, why shouldnt everyone? They want to be better than us!

Exactly, even if the channel is monetized. They will not make any money at all. They need at least a hundred thousand subscribers to really make serious money.

 

[bjack76]

Exactly, even if the channel is monetized. They will not make any money at all. They need at least a hundred thousand subscribers to really make serious money.

Yeah..I think he is just shy of 4,000 subscribers.

 

[ac0j]

Exactly, even if the channel is monetized. They will not make any money at all. They need at least a hundred thousand subscribers to really make serious money.

Noticeable money starts around 1,000,000 subscribers. A hundred thousand wont be enough to let you quit your day job!

 

[macoman]

Noticeable money starts around 1,000,000 subscribers. A hundred thousand wont be enough to let you quit your day job!

I should say that at 100,000 subscribers, you only make money to buy a dinner of two. That's it, and that's monthly. So you are absolutely right, serious money is when you reach over a million subscribers.

 

[tcope]

Noticeable money starts around 1,000,000 subscribers. A hundred thousand wont be enough to let you quit your day job!

Just FYI, subs don't generate money, views generate money. Subs do allow a channel to be monetize and subs usually relate to view but subs don't generate money.

 

[Bakasura]

So a friend of mine has monetized a youtube channel that features us underwater metal detecting and other prospecting activities. My question is, If I operate my mavic pro and supply him and HIS (monetized) channel with the footage, will we be fine with me just having a recreational drone licence since I don't receive money from the channel?

I would 100% recommend getting your 107 License. The channel is monetized and is already generating money even if cents. And even if the channel hasn't made any money at the moment and it plans on making money sometime in the future the footage could be considered a form of advancing the business.

 

[Gunteacher]

I see lots of "opinions" here but none that I can see has a link or reference to an FAA document that describes the definition of a "Commercial Transaction" that requires a 107 certificate. Can someone provide such a link or direct me to a location where I can find the FAA's definition.

I agree that it is highly unlikely that, unless someone lodges a complaint, the FAA would pursue this. This leads me to believe that there is a rule that makes posting drone videos to a monetized YouTube Channel illegal unless you are a part 107 certificate holder. Just looking for a definitive answer. Thanks!

 

[Meta4]

[QUOTE="Gunteacher, post: 702524, member: 92834" This leads me to believe that there is a rule that makes posting drone videos to a monetized YouTube Channel illegal unless you are a part 107 certificate holder. Just looking for a definitive answer. Thanks![/QUOTE]
Despite popular opinion to the contrary, the FAA has no rules about selling photos or videos or putting videos on Youtube.
They have rules about flying, including some relating to commercial flying.

The FAA doesn't care about photos or videos, they care about flying.
The simple test is: was the flight a commercial one?

 

[Gunteacher]

[QUOTE="Gunteacher, post: 702524, member: 92834" This leads me to believe that there is a rule that makes posting drone videos to a monetized YouTube Channel illegal unless you are a part 107 certificate holder. Just looking for a definitive answer. Thanks!

Despite popular opinion to the contrary, the FAA has no rules about selling photos or videos or putting videos on Youtube.
They have rules about flying, including some relating to commercial flying.

The FAA doesn't care about photos or videos, they care about flying.
The simple test is: was the flight a commercial one?[/QUOTE]
And the actual measure used by the FAA is "was the flight in furtherance of a business" The video may contain evidence of this fact. Usually, the FAA will not pursue these violations unless reported. Ken Heron on YouTube has had several conversations with FAA FSDO representatives in Tennesee to address this issue. Again, I understand the opinions and I tend to agree with them. What I was looking for is some actual FAA rule or Memo of Enforcement or another official document that provide insight into the FAA's position on this.

 

[bliksem]

The perpetual debate....

 

[NetDep]

So a friend of mine has monetized a you tube channel that features us underwater metal detecting and other prospecting activities. My question is, If I operate my mavic pro and supply him and HIS (monetized) channel with the footage, will we be fine with me just having a recreational drone licence since I don't receive money from the channel?

Use the handy dandy FAA flow chart.....it's from the FAA.....

Unmanned Aircraft Systems (UAS)

I will likely never ever make a penny from my drone but got my Part 107 because I see my drone as more than a toy and wanted to better understand what I take as a responsibility to be a good drone operator.

IMHO