Question about drone pilot license (do i need it?)

[jblock22]

I'm having a hard time finding any concrete answers pertaining to this, and talking to people am also getting mixed answers, so was hoping i might be able to get some clarification here.

I work for a company (financial industry) in their media department. I am employed by them 40 hours a week salary, and drone footage is not my main job, just something they want me to do sparingly here and there. They want me to get some aerial drone photography/video of the exterior of our building/campus. Not crowds of people, etc. The drone is also owned by the company, not myself personally.

Do I need to get my drone pilot's license to legally do this? Or would it be covered under "recreational" use? Technically I'm flying it for my company, and only to be used for promotional / web uses. I am not getting paid anything above or beyond my general salary, so it's not like im getting "contracted out" for this.

Any guidance would be great! Let me know if theres any other questions I may not have answered as well! Thanks!

 

[Severian]

If you make any money from your drone work, you need the certification. Flying for your business means you need Part 107 certification.

User Identification Tool

www.faa.gov

 

[jblock22]

If you make any money from your drone work, you need the certification. Flying for your business means you need Part 107 certification.

User Identification Tool

www.faa.gov

Thanks for the reply! I'm not making any money "directly" from my work, though. It still counts?

I do normal talking head video work, photography, things like that. Salaried, no extra commission being paid, they're just asking me to get some outside aerial shots of our building, nothing above and beyond my normal compensation for being at the job day in and day out. Still need the part 107 though?

 

[Deleted member 137163]

Thanks for the reply! I'm not making any money "directly" from my work, though. It still counts?

I do normal talking head video work, photography, things like that. Salaried, no extra commission being paid, they're just asking me to get some outside aerial shots of our building, nothing above and beyond my normal compensation for being at the job day in and day out. Still need the part 107 though?

It does still count and yes do the 107 training and test. Yes, there are (like anything else in life) all kinds of opinions on this topic. The answer is do the course/test anyone else is leading you astray.

Also, in my opinion, you should make certain that you covered for liability to persons and property etc. Do you they have specific insurance for operating the drone and are you a named insured. I am not an insurance professional and you should seek advice from and insurance person. Search this forum and you will find plenty of assistance with insurance. The company may say "don't worry about it" but liability is always a concern.

 

[Deleted member 137163]

jblock22 also are you a "manned aircraft" pilot and hold a current flight review? This is an important differentiation and effects the requirements for course/test.

 

[Meta4]

Do I need to get my drone pilot's license to legally do this?

Ask this in the forum and you are guaranteed to get all kinds of confusing attempts at answers.
Just go here and see what the FAA's website tells you:

User Identification Tool

www.faa.gov

In simple terms, the key question is are you flying just for yourself as recreation, or are you flying for someone else.

 

[maggior]

My understanding is that if you fly for any other reason than just for the fun of it, it's considered commercial and you should have your Part 107. So for example, if your friend is selling their house and they ask you to take drone footage that they can add to their real estate listing, that's commercial use. If you give somebody footage and they use it on their website or some sort of promotional video...it's commercial. If you just hand footage off to somebody, you could consider that commercial since you have no control over what they might do with it.

I wanted to post my drone footage on youtube and put my music to it. I learned that to do that and be legal, I needed to get my Part 107. I don't make money from the video directly since my channel isn't monetized, but I will make money from my music since it's published with a YouTube content ID.

I decided that rather than dance around the issue I'd just go ahead and get my Part 107. I studied for a couple of weeks and passed the test.

 

[Meta4]

If you give somebody footage and they use it on their website or some sort of promotional video...it's commercial. If you just hand footage off to somebody, you could consider that commercial since you have no control over what they might do with it.

This is the kind of confused misinformation that is common on the forum whenever this topic comes up.
The FAA isn't concerned with the images you might have created during a flight.
They are concerned with the flying.

I wanted to post my drone footage on youtube and put my music to it. I learned that to do that and be legal, I needed to get my Part 107.

Despite the number of people spreading this myth, it's completely false.

I don't make money from the video directly since my channel isn't monetized, but I will make money from my music since it's published with a YouTube content ID.

The FAA cares nothing about your music or how many millions of $$ you mightmake from it.

 

[DoomMeister]

I'm having a hard time finding any concrete answers pertaining to this, and talking to people am also getting mixed answers, so was hoping i might be able to get some clarification here.

I work for a company (financial industry) in their media department. I am employed by them 40 hours a week salary, and drone footage is not my main job, just something they want me to do sparingly here and there. They want me to get some aerial drone photography/video of the exterior of our building/campus. Not crowds of people, etc. The drone is also owned by the company, not myself personally.

Do I need to get my drone pilot's license to legally do this? Or would it be covered under "recreational" use? Technically I'm flying it for my company, and only to be used for promotional / web uses. I am not getting paid anything above or beyond my general salary, so it's not like im getting "contracted out" for this.

Any guidance would be great! Let me know if theres any other questions I may not have answered as well! Thanks!

Since it is for part of your job you need to study, test, and pass to obtain your Part 107 certification. No if’s and’s or but’s. The company you work for can be fined heavily for using a non-licensed sUAS pilot to perform drone work in furtherance of their business.

 

[Fat Pappy]

From the horses mouth - emphasis added.

“The rule for operating unmanned aircraft systems (UAS) or drones under 55 pounds in the National Airspace System (NAS) is 14 CFR Part 107, referred to as the Small UAS Rule. However, if you want to fly a drone for purely recreational purposes, there is a limited statutory exception ("carve out") that provides a basic set of requirements.”

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

[/B]

 

[BigAl07]

There is zero gray area. You can't "fly for your company" under the Limited Exception for Recreational Operations aka ~44809. Here are the rules for ~44809

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

Also if you fly under ~44809 and you decide to go ahead and capture some DATA for your company (pics or video it does not matter) you have pierced the protective bubble of ~44809 and you are now by default LIABLE for all of Part 107.

Money is but one (OF MANY) reasons you are outside of ~44809 but capturing images/video FOR YOUR EMPLORER is not going to pass the litmus test. Also your employer is liable for higher fines that you would be (10x higher).

I'm not speaking hypothetically I'm speaking as an FAA Safety Team Representative (Charlotte NC Region).

 

[maggior]

There is zero gray area. You can't "fly for your company" under the Limited Exception for Recreational Operations aka ~44809. Here are the rules for ~44809

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

Also if you fly under ~44809 and you decide to go ahead and capture some DATA for your company (pics or video it does not matter) you have pierced the protective bubble of ~44809 and you are now by default LIABLE for all of Part 107.

Money is but one (OF MANY) reasons you are outside of ~44809 but capturing images/video FOR YOUR EMPLORER is not going to pass the litmus test. Also your employer is liable for higher fines that you would be (10x higher).

I'm not speaking hypothetically I'm speaking as an FAA Safety Team Representative (Charlotte NC Region).

This is outside of the OP's original question, but I'd like your opinion on flying a drone to capture video to put on a monetized YouTube channel. I would say this falls outside of flying for "purely recreational purposes", but I'm new to this game. Thanks!

 

[Meta4]

This is outside of the OP's original question, but I'd like your opinion on flying a drone to capture video to put on a monetized YouTube channel. I would say this falls outside of flying for "purely recreational purposes", but I'm new to this game. Thanks!

This sounds like a contrived question calculated to be divisive.
Standby for the hardline fundamentalist replies.
But to consider the question realistically no-one's going to make enough money out of a monetised youtube channel to go to the effort of flying just for that purpose.
Just fly for your own enjoyment and post as much or as little as you want online.

 

[Thomas B]

This is outside of the OP's original question, but I'd like your opinion on flying a drone to capture video to put on a monetized YouTube channel. I would say this falls outside of flying for "purely recreational purposes", but I'm new to this game. Thanks!

It is not recreational.

 

[BigAl07]

This is outside of the OP's original question, but I'd like your opinion on flying a drone to capture video to put on a monetized YouTube channel. I would say this falls outside of flying for "purely recreational purposes", but I'm new to this game. Thanks!

That's definitely grey area. The FAA has stated a couple of times, "Merely posting UAS Content to a monetized channel is not in and of itself a violation."

It depends on the channel and the INTENT at the time of the FLIGHT. Let's break it down a pinch more:

If flying purely for Recreational Purposes and you capture/create data no harm is done. You could reasonably and legally post it to any channel, sell it, gift it or whatever because the INTENT OF THE FLIGHT was purely Recreational.

If you go out with the INTENT to Create Content for your Business YT channel, IMHO that has popped the Protective Bubble of ~44809 and would be pretty straight forward Part 107.

Notice I make a distinction to say Business YT Channel which pretty much takes most of the Grey Area out of the equation. I have 2 separate YT channels. One for fun/family and one for Business. It would be pretty hard to "defend" the notion that anything I post on a genuinely Business YT channel would be Recreational.

Keep in mind that often times the FAA has left some "wiggle room" with regulations but I like to call that "Wiggle Room" Just Enough Rope To Hang Yourself!!

 

[maggior]

This sounds like a contrived question calculated to be divisive.
Standby for the hardline fundamentalist replies.
But to consider the question realistically no-one's going to make enough money out of a monetised youtube channel to go to the effort of flying just for that purpose.
Just fly for your own enjoyment and post as much or as little as you want online.

It wasn't my intention to be divisive. I'm sorry if you took it that way. I was curious of @BigAl07 's opinion as a FAA Safety Team rep.

I think from now on I'll stay out of any part 107 discussions and just read.

 

[BigAl07]

It wasn't my intention to be divisive. I'm sorry if you took it that way. I was curious of @BigAl07 's opinion as a FAA Safety Team rep.

I think from now on I'll stay out of any part 107 discussions and just read.

Don't sweat it. This topic is very polarizing at times but your question has merit.

 

[maggior]

That's definitely grey area. The FAA has stated a couple of times, "Merely posting UAS Content to a monetized channel is not in and of itself a violation."

It depends on the channel and the INTENT at the time of the FLIGHT. Let's break it down a pinch more:

If flying purely for Recreational Purposes and you capture/create data no harm is done. You could reasonably and legally post it to any channel, sell it, gift it or whatever because the INTENT OF THE FLIGHT was purely Recreational.

If you go out with the INTENT to Create Content for your Business YT channel, IMHO that has popped the Protective Bubble of ~44809 and would be pretty straight forward Part 107.

Notice I make a distinction to say Business YT Channel which pretty much takes most of the Grey Area out of the equation. I have 2 separate YT channels. One for fun/family and one for Business. It would be pretty hard to "defend" the notion that anything I post on a genuinely Business YT channel would be Recreational.

Keep in mind that often times the FAA has left some "wiggle room" with regulations but I like to call that "Wiggle Room" Just Enough Rope To Hang Yourself!!

Thank you for your response. I understand better now.

 

[Rich QR]

This is outside of the OP's original question, but I'd like your opinion on flying a drone to capture video to put on a monetized YouTube channel. I would say this falls outside of flying for "purely recreational purposes", but I'm new to this game. Thanks!

Was the flight purely for recreational purposes? If yes, no Part 107 license is needed. If no, you can't legally make the flight without a Part 107 license.

Sometimes, it can be difficult to prove the purpose of the flight after the fact. If you flew purely for fun, and happened to capture some footage that you later decided was worth uploading to a monetized channel, and then uploaded it, that's not a violation. The more often that happens, the harder it becomes to claim that the flights were made for purely recreational purposes, versus for the purpose of capturing video for a monetized channel..

The way you phrase it, "flying a drone to capture video to put on a monetized channel", it's definitely a Part 107 flight, since the purpose of the flight is not purely recreational.

And in the case that started this thread, where an employer asks you to do make the flight, it's even more clearly outside the bounds of a flight for purely recreational purposes.

 

[Meta4]

It wasn't my intention to be divisive. I'm sorry if you took it that way. I was curious of @BigAl07 's opinion as a FAA Safety Team rep.
I think from now on I'll stay out of any part 107 discussions and just read.

I didn't take it that way.
Just mentioned that it was the kind of question about an artificial hypothetical scenario that would bring out that sort of reply.

But ask whatever you feel like, that what forums are for.