Pre Part 107 photos/video

[Mad Mav]

New member, and new to drones. I have been looking through the forum and enjoy the discussions and info.

I do have a question: can a photo or video taken as a recreational flyer be used later commercially once you obtain your Part 107 certification?

Figured I would get some good practice in before I decide to take the Part 107, but in case I got some good shots/video wondered if I could use them later.

Long post I know! Thanks for any insights.

 

[Mavic Mac]

Welcome to the forums - a lot of good info here. Also, the search function (magnifying glass icon upper right) is a great way to find answers to many of the questions a "newbie" will have. We were all "newbies" at one point.

 

[Mavic Mac]

I am sure there will be a lot of discussion. If you take the photos now with the intent of selling them, then IMHO, yes, you need to be Part 107 to take them.

 

[Mad Mav]

Mavic Mac, thanks for the input. Seems like I do remember something about “intent” now that you mention it. Appreciate the quick response!

 

[theDRONEranger]

Photos/videos taken with the pure intent of recreational activity may later be used commercially without penalty.
The initial intent must be 100% recreationally. So, pictures from past recreational flights may be used commercially now. The intent at the time of flight is the important factor!

 

[SpitFire]

Agree: Intent is a very important factor, at the time of the flight was for recreation or, for commercial use later.

 

[BigAl07]

New member, and new to drones. I have been looking through the forum and enjoy the discussions and info.

I do have a question: can a photo or video taken as a recreational flyer be used later commercially once you obtain your Part 107 certification?

Figured I would get some good practice in before I decide to take the Part 107, but in case I got some good shots/video wondered if I could use them later.

Long post I know! Thanks for any insights.

Welcome to the forum.

You've muddied the water a bit by insinuating you would possibly sell your data acquired as a hobbyist after you get your P107. It's almost like you're building your port folio as a hobbyist with the hopes of getting your Part 107 to be able to sell them later on.

Odds are nothing will come of it but why not go ahead and get your P107 now so that there's no question later on down the road.

 

[Mad Mav]

Welcome to the forum.

You've muddied the water a bit by insinuating you would possibly sell your data acquired as a hobbyist after you get your P107. It's almost like you're building your port folio as a hobbyist with the hopes of getting your Part 107 to be able to sell them later on.

Odds are nothing will come of it but why not go ahead and get your P107 now so that there's no question later on down the road.

I see what you are saying. My thought was since purchasing the drone combo it might be a bit before I’m in a position to take a class. $150 at Pilot Institute is not bad. Drone Pilot Ground School has been around longer, which I like, but runs $100 higher. Then the cost of the test. Until I took the class I figured there might be photos I took that could marketable once I did take the class.

Might be best to worry about becoming proficient with my drone and worry about the photos/video later! Thanks all for the input. Very valuable.

 

[Skybuyer]

While I've never pondered that question myself exactly as stated above, if in fact intent is the key ingredient, then who is to say what your intent was at the time you took the photos or video? I doubt that the FAA has a brain scan machine that can extract what your intent was on July 22, 2020. It seemed by the tone of your post you were "intent" on getting your Part 107 certificate anyway (as I am). Once you get it I would think that the FAA has better things to do than to go after licensed pilots for selling previously acquired images. To be safe, I would just say don't attempt to solicit the images in any manner until getting your license and all should be well. I would also think that "intent" would come more into play if you crashed your drone into a building that you were shooting... or worse yet, a person. Liability coverage would seem to be a bigger concern, no matter what our status.

 

[theDRONEranger]

If nothing else . . . Having the drones as business expense and being able to further write off the 107 prep course and test (initial/recurrent). Whereas, don’t really see how that could be done without the 107. Tools of the trade.

 

[dawgpilot]

While I've never pondered that question myself exactly as stated above, if in fact intent is the key ingredient, then who is to say what your intent was at the time you took the photos or video? I doubt that the FAA has a brain scan machine that can extract what your intent was on July 22, 2020. It seemed by the tone of your post you were "intent" on getting your Part 107 certificate anyway (as I am). Once you get it I would think that the FAA has better things to do than to go after licensed pilots for selling previously acquired images. To be safe, I would just say don't attempt to solicit the images in any manner until getting your license and all should be well. I would also think that "intent" would come more into play if you crashed your drone into a building that you were shooting... or worse yet, a person. Liability coverage would seem to be a bigger concern, no matter what our status.

Like any other law that requires a showing of intent, it's often done by circumstantial evidence. The FAA doesn't need a "brain scan" to find you liable for flying for non-recreational purposes without a Part 107 certificate.