Photographing rights.

[Rodgerdji]

Hello all, I have a dji mini 4 pro and have my drone registered and did the CAA drone licence questionaire and passed and have a valid drone licence for heavier drones than the mini 4 pro..
I would like to take some images of my neighbours laneway which is a right of way unto another's neighbours land.
I would only be photographing the gates to ascertain the exact number of gates and no images of people will be taken and if I mistakenly capture someones face the image will be immeidiately deleted..
The lane is currently blocked with several gates to make access difficult and a court case will take place soon.
I have read online that the air space above anyone's property belongs to the property owner but then the CAA has other rules.
I have also read that permission must be sought from the property owner to fly over their land when taking off from their land.
Is the same permission required when taking off from my own land or from public owned land?

I could just walk down the lane way with my camera and risk being prosecuted for trespassing. But I would have the evidence required for the court case in my possession.
If it was revealed in court the images were taken with the drone and permission was not granted by the property owner would I be liable for prosecution under GDPR regulations?
Many Thanks for reading.

 

[GFields]

I would like to take some images of my neighbours laneway which is a right of way unto another's neighbours land.

Why? I would ask myself "is it worth the risk?"
If so, you need to make sure you have read and understand the flight rules your country has in place.

 

[Max Headroom]

I could just walk down the lane way with my camera and risk being prosecuted for trespassing. But I would have the evidence required for the court case in my possession.
If it was revealed in court the images were taken with the drone and permission was not granted by the property owner would I be liable for prosecution under GDPR regulations?
Many Thanks for reading.

No one owns the airspace above their property so as long as there is no restriction on flying there in my opinion you have nothing to worry about, Make sure you are in a public place not on his land when you fly and i would make sure i was high enough so they couldn't accuse you of looking into their property, as you are also doing this because you do not want to trespass on his land and its for evidence in a court case i don't see how the property owner could prosecute you.

 

[BernieW]

Take off and land from your own land or from a public place, keeping the drone in visual line of sight. GDPR applies to Businesses. The airspace is controlled by CAA regulations and the land owner only has rights over the land not the airspace. Be sure to check if you are in a no fly zone using resources such as: Drone Safety Map | Altitude Angel and Flight Planning Map: UK | NOTAM Info

 

[Felix le Chat]

Hello all, I have a dji mini 4 pro and have my drone registered and did the CAA drone licence questionaire and passed and have a valid drone licence for heavier drones than the mini 4 pro..
I would like to take some images of my neighbours laneway which is a right of way unto another's neighbours land.
I would only be photographing the gates to ascertain the exact number of gates and no images of people will be taken and if I mistakenly capture someones face the image will be immeidiately deleted..
The lane is currently blocked with several gates to make access difficult and a court case will take place soon.
I have read online that the air space above anyone's property belongs to the property owner but then the CAA has other rules.
I have also read that permission must be sought from the property owner to fly over their land when taking off from their land.
Is the same permission required when taking off from my own land or from public owned land?

I could just walk down the lane way with my camera and risk being prosecuted for trespassing. But I would have the evidence required for the court case in my possession.
If it was revealed in court the images were taken with the drone and permission was not granted by the property owner would I be liable for prosecution under GDPR regulations?
Many Thanks for reading.

If you own the property linked to the road network by the disputed access track, or it is owned by a friend you visit, it should have legally defined boundaries... what you do whilst standing on your own property is your business. What you do whilst standing on a friend's property is dictated by them - if you choose to launch a drone from there and fly it in a straight line above the track to where it joins with the road network: you are entitled to do so because the airspace is controlled by the CAA, not landowners or councils, who only have the right to dictate what does (or doesn't) happen on the surface of their land.

The rule of thumb concerning a property owners 'right to privacy' from light air traffic is that anything passing over must be at a height of about 80 feet or greater (the actual term is "...at a height greater than that which the property owner can reasonably expect to have use of it...").

Unless the local council has passed a bye-law prohibiting the launching of drones from council administered land, there is nothing stopping you launching from a lay-by or footpath and following the general line of the trackway. Technically, you could class this as a circular flightpath for landscape photography with shots of specific points along the route incidentally featuring gates. If you haven't set foot on private land: you can't have committed the civil offense of trespass.

 

[Rodgerdji]

Thank you all very much. This is very helpful.

 

[Cafguy]

I could just walk down the lane way with my camera and risk being prosecuted for trespassing. But I would have the evidence required for the court case in my possession.

Evidence gathered illegally cannot be submitted in a court. So I would use my zoom. also if you do not have a commercial license I think the other lawyers involved could have the pic thrown out. If it is a legal case I would simply inform your attorney of this, perhaps the pic can be taken and you may be able to use it.
HINT: The INTENT of your flight was just for pleasure and when you got home and reviewed the video you just happen to get a clear pic of the gates in question............Now your a recreational pilot again. and the pic is in NO way illegal.

 

[Max Headroom]

Evidence gathered illegally cannot be submitted in a court.

It has not been gathered illegally the neighbour doesn't own the airspace above the property and the OP is going to fly from a public area.

 

[Cafguy]

It has not been gathered illegally the neighbour doesn't own the airspace above the property and the OP is going to fly from a public area.

But if he trespasses on another property to get the photo..........(takeoff,land,operate) not the drone.
the opposing attorney could also argue that the photo itself is inadmissible because the drone that took the photo was flown specifically to take the photo. Unless the operator of the Drone holds a commercial cert. they are not allowed to fly a Drone unless its for recreation. The Law can work both ways.

 

[Meta4]

But if he trespasses on another property to get the photo..........(takeoff,land,operate) not the drone.
the opposing attorney could also argue that the photo itself is inadmissible because the drone that took the photo was flown specifically to take the photo. Unless the operator of the Drone holds a commercial cert. they are not allowed to fly a Drone unless its for recreation. The Law can work both ways.

It sounds like your ideas come from watching TV shows and forum "lawyers".
They aren't going to apply to someone in Ireland.

 

[Max Headroom]

But if he trespasses on another property to get the photo....

He said he was not going to go on the persons land that is why he wants to use the drone.

 

[Rodgerdji]

Yes..I don't want to trespass on his property as that would very likely lead to myself being prosecuted in court.
Its also possible he could become violent as he has threatened another neighbour.
He probably has about 15 cctv cameras watching every sq inch.
This neighbour also has a relative in the local police and he has used this advantage a few times so I have to tread carefully.
Again... Thanks all for the advice.

 

[dave canada]

well it is only there property for 200 ft up then its open

 

[BernieW]

well it is only there property for 200 ft up then its open

That may be true where you are, but it is not universally true.

 

[Cafguy]

well it is only there property for 200 ft up then its open

Go out side and jump up in place.....You are off your property each time you leave the ground. That's true for my country and most. Lets say for grins the airspace was your property (its not) It would still be under FAA control.

 

[mavic3usa]

Evidence gathered illegally cannot be submitted in a court. So I would use my zoom. also if you do not have a commercial license I think the other lawyers involved could have the pic thrown out. If it is a legal case I would simply inform your attorney of this, perhaps the pic can be taken and you may be able to use it.
HINT: The INTENT of your flight was just for pleasure and when you got home and reviewed the video you just happen to get a clear pic of the gates in question............Now your a recreational pilot again. and the pic is in NO way illegal.

Pictures and videos are not branded as recreational or commercial. Only the flight is "branded" and it's only the FAA that is concerned with this, not the IRS, not the police, not the courts, not anyone else. The FAA treats all flights the same and if you fly for fun only then you qualify for the exception. That's it; there's nothing else from there. The drone world is not this big commercial vs recreational arena that this conversation is getting embroiled in. There is no such thing as an illegal pic. If someone violated the rules with their drone, you can refer it to the FAA if that suspected violation is covered under their rules and regulations but flying a drone is not a crime.

But if he trespasses on another property to get the photo..........(takeoff,land,operate) not the drone.
the opposing attorney could also argue that the photo itself is inadmissible because the drone that took the photo was flown specifically to take the photo. Unless the operator of the Drone holds a commercial cert. they are not allowed to fly a Drone unless its for recreation. The Law can work both ways.

A part 107 license only means you can legally fly a drone in the airspace for any other reason besides recreational flying. That's it. It's not a license to conduct business or perform a task or anything else. If you conduct business with your drone and you don't have a part 107, your drone flight is in violation per se but your commercial activities are not illegal under the FAA. Of course there are some narrow exceptions. This is my opinion. For example, you have a first amendment right to gather and report news. The FAA cannot force you to get a part 107 license to gather and report news using a drone. However, they can regulate drone flights in the national airspace.

 

[Meta4]

Pictures and videos are not branded as recreational or commercial. Only the flight is "branded" and it's only the FAA that is concerned with this, not the IRS, not the police, not the courts, not anyone else. The FAA treats all flights the same and if you fly for fun only then you qualify for the exception. That's it; there's nothing else from there. The drone world is not this big commercial vs recreational arena that this conversation is getting embroiled in. There is no such thing as an illegal pic. If someone violated the rules with their drone, you can refer it to the FAA if that suspected violation is covered under their rules and regulations but flying a drone is not a crime.


A part 107 license only means you can legally fly a drone in the airspace for any other reason besides recreational flying. That's it. It's not a license to conduct business or perform a task or anything else. If you conduct business with your drone and you don't have a part 107, your drone flight is in violation per se but your commercial activities are not illegal under the FAA. Of course there are some narrow exceptions. This is my opinion. For example, you have a first amendment right to gather and report news. The FAA cannot force you to get a part 107 license to gather and report news using a drone. However, they can regulate drone flights in the national airspace.

As the OP is located in Ireland, none of this about Part 107, FAA, First Amendment etc is any relevance to his situation.

 

[MARK (LI)]

He said he was not going to go on the persons land that is why he wants to use the drone.

I have also read that permission must be sought from the property owner to fly over their land when taking off from their land.
Is the same permission required when taking off from my own land or from public owned land?
Sounds like he is considering just going on the guy's property

 

[Meta4]

Sounds like he is considering just going on the guy's property

See post #12