Photo and footage can't share to socail media if I do not have a remote pilot certificate

[JC_Wang]

FAA just told me "If you post drone video to social media you no longer own the rights to that imagery. That is no longer a recreational use and you must have a remote pilot certificate".

I am going to take the test.

 

[sar104]

As FAA responses go that one is amongst the worst. Nothing in it is correct:

1. You do not lose the rights to material that you post to social media - that's a myth that just won't die;
2. Even if you were to give away rights that doesn't per se make the flight non-recrecational, unless the intent was non-recreational at the time.

When you say the "FAA just told me", what do you mean? An official letter, an email, some guy on the phone?

 

[JC_Wang]

I asked the FAA via email, and then they replied to me in the following:

Here's just a bit of context...All small UAS (under 55 pounds) operations in the U.S. National Airspace System are governed by law. That law is 14 CFR Part 107. There is a limited statutory exception (a "carve out") to the law which, under certain circumstances, allows operation for recreation ONLY.


If you post drone video to social media you no longer own the rights to that imagery. That is no longer a recreational use and you must have a remote pilot certificate.



Keep in mind, financial compensation, or the lack of it, is not the determinant for the type of operation you are conducting.


Regardless of the regulatory framework you operate under, you may not fly over moving vehicles, or directly over people. To operate at night you must have an operational waiver to 14 CFR Part 107.29...or must be able to show chapter and verse the guidelines of the community based organization under which you are flying that allow you to operate at night.


I am new to the Drone photography...I am scared now.

 

[JC_Wang]

FAA also told me in the following:

Operating an aircraft without registration or any necessary airman certification can result in a penalty with a maximum of 3 years in prison and/or $250,000 fine. (49 U.S.C. §46306(b) and (d))



Penalties for violating CFRs:



Up to $32,666 per violation



Certificate action (revocation/suspension) where appropriate (e.g., Part 107)

 

[Meta4]

FAA also told me in the following:....

The FAA person that told you that doesn't know what they are talking about.

 

[JC_Wang]

The FAA person that told you that doesn't know what they are talking about.

Yeah, I like your wording.

 

[sar104]

I asked the FAA via email, and then they replied to me in the following:

Here's just a bit of context...All small UAS (under 55 pounds) operations in the U.S. National Airspace System are governed by law. That law is 14 CFR Part 107. There is a limited statutory exception (a "carve out") to the law which, under certain circumstances, allows operation for recreation ONLY.


If you post drone video to social media you no longer own the rights to that imagery. That is no longer a recreational use and you must have a remote pilot certificate.



Keep in mind, financial compensation, or the lack of it, is not the determinant for the type of operation you are conducting.


Regardless of the regulatory framework you operate under, you may not fly over moving vehicles, or directly over people. To operate at night you must have an operational waiver to 14 CFR Part 107.29...or must be able to show chapter and verse the guidelines of the community based organization under which you are flying that allow you to operate at night.


I am new to the Drone photography...I am scared now.

Provided that everything you do is recreational (not just non-commercial) then you are covered by 49 U.S.C §44809. Exception for limited recreational operations of unmanned aircraft. The FAA has previously clarified that only monetized or business social media would remove that exception. In fact you can even subsequently sell material acquired while flying recreationally provided that the flight was genuinely recreational at the time.

The important point here is that the FAA only regulates flights - they don't regulate your use of material acquired. If you are flying "in furtherance of a business", as they word it, whether for payment or not, then obviously that's not recreational. Less obviously, if you fly as a volunteer, for example for search and rescue, then that's also not recreational. But if you fly recreationally and later an opportunity arises to use material acquired non-recreationally, or even sell it, then that cannot change history - the original flight was still recreational at the time.

Now if you make a regular habit of flying "recreationally" and taking photo/video that miraculously makes money afterwards, then sooner or later the claim of recreational flight becomes obviously false - that could be used by the FAA as evidence that you were not really flying recreationally at all.

 

[bumper]

I've been a pilot since 1991 and have learned the FAA has two mottoes. "We're not happy until you're not happy!" and "We've upped our standards . . . now up yours!"
:c)
And as Meta4 indicates, as with asking the IRS a question, the chances of getting a remotely correct answer vary wildly . . . with the odds no being in your favor.

 

[JB913]

The FAA is dead wrong on media rights/ownership.

 

[Simone L]

FAA just told me "If you post drone video to social media you no longer own the rights to that imagery. That is no longer a recreational use and you must have a remote pilot certificate".

I am going to take the test.

Exactly why I took the test. I have a website and share images and videos to inspire people to care about nature. Figured I would err on the side of caution and take the test. But then my state has an online exam and permit and then liability insurance.....the costs go up considerably just doing something you love and love to share.

 

[DaveS]

bumper...LOL! Simone L, good to know. Note to self: Never move to North Carolina!

 

[15PSI]

That FAA person who responded to you is dead wrong on both counts. Did this person identify themselves on the email? And from which FAA facility? As a 107 certificate holder, I find this sort of garbage response reprehensible. The question here is how many other current or future UAS pilots have received incorrect responses from this individual?

 

[JC_Wang]

That FAA person who responded to you is dead wrong on both counts. Did this person identify themselves on the email? And from which FAA facility? As a 107 certificate holder, I find this sort of garbage response reprehensible. The question here is how many other current or future UAS pilots have received incorrect responses from this individual?

Nope, the guy replied to me did not identify himself. I just saw the FAA email account as following:
9-NATL-UAS-Help (FAA) <[email protected]>

 

[Simone L]

If you look at their Q&A on site it’s very clear that any kind of use of photos or video to promote yourself or your work is considered 107 use. They give the example in pre-test questions that if you trade flying space/land for photos or video to property owner it is considered 107.

 

[JB913]

If you look at their Q&A on site it’s very clear that any kind of use of photos or video to promote yourself or your work is considered 107 use. They give the example in pre-test questions that if you trade flying space/land for photos or video to property owner it is considered 107.

Which is entirely different than just posting the photos or video on social media as a hobby.

 

[sar104]

Nope, the guy replied to me did not identify himself. I just saw the FAA email account as following:
9-NATL-UAS-Help (FAA) <[email protected]>

That is most unimpressive - anyone replying from that email address should not be disseminating such bad information.

 

[RkyMtnHigh]

I'm retired FAA and this information is just plain wrong, and to be honest seems like a cut n' paste answer that can be found on a FAQ page. In addition, the FAA person allegedly responding and not having their name on it isn't correct. I could be totally wrong on all of this, but something just doesn't seem right with the whole thing. ???

 

[sar104]

I'm retired FAA and this information is just plain wrong, and to be honest seems like a cut n' paste answer that can be found on a FAQ page. In addition, the FAA person allegedly responding and not having their name on it isn't correct. I could be totally wrong on all of this, but something just doesn't seem right with the whole thing. ???

Agreed - and it's particularly disappointing if it came from the FAA UAS help desk. That said, I've heard plenty of incorrect statements from FSDO personnel on sUAS matters.

 

[RkyMtnHigh]

Agreed - and it's particularly disappointing if it came from the FAA UAS help desk. That said, I've heard plenty of incorrect statements from FSDO personnel on sUAS matters.

I also agree with that. I know drones have been around for a long time, but to be honest this is a whole new world for the FAA and there's a lot of ambiguity and confusion about them within the organization. Even before I retired several years ago there was a lot of frustration from one office to another, not just about drone operations, but general operations. Too many people deciding on their own interpretation of something. Very frustrating, but then again, it is a government entity.

 

[LuckyTom]

FAA just told me "If you post drone video to social media you no longer own the rights to that imagery. That is no longer a recreational use and you must have a remote pilot certificate".

I am going to take the test.