Private Propery Drone Policies?

[DavidBlezard]

To what extent are private businesses, parks, gardens, etc. allowed to restrict the airspace above their property? In St. Louis the Missouri Botanical Gardens has this notice under their "Photo Policy":



Are they talking about very low level flights or are they restricting all drone activity over their property? And can they do that?

This is clearly a photo policy. I'll ask, is your purpose to fly in this area to take pictures/video? If so, they are clearly stating you cannot without their approval.

There are a lot of parks in the united states that do that.

I know of 9 here in and around Indianapolis, Indiana.

if you want to fly there, just request permission from the property manager, and if a fee is request, work out something with the manager. I have done this on several occasions here in Indiana and in other states.

I have found communicating before is the best policy. Flying and begging for forgiveness later just hurts the drone pilot image that already is not the best.

 

[chazzm]

Notice that the policy in question doesn't mention drone flight. It only attempts to regulate drone photography.

The FAA regulations don't mention photography, but only regulate flight.

There is a body of intellectual property law regarding photography of privately owned works, and the publication and use of those photos. While I believe the FAA rules allow one to fly over private property, I'm less certain about your right to photograph privately owned creative works. And the publication or distribution of photos/videos may have some more difficulties.

 

[chazzm]

Actually if anything can be seen from a public area it can be photographed/recorded legally, the eyes cannot be trespassed, it’s 100% legal, private property or not! They have to create the privacy! So legally in public if you can see it you absolutely can record/photograph it!!!

 

[chazzm]

Policy isn’t law! Policy only applies to someone who is working for a place that has said policies! It’s akin to HIPPA law, HIPPA only applies to health care workers! It’s their responsibility to keep someone’s personal information private!