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Question regarding use of photos

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lilewis

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A local garden business has done me many favors over the past decade for which I am grateful.

Recently I started flying a Mavic Pro 2 from a school athletic field when the building and parking lots are empty. The garden business is close to the field and I have some photos of the property that I'd like to give them.

But I don't have a commercial license and am unsure if someday they were to use the photos in their advertising, it would create a problem for me.

Do I have to tell them that they can't be used for commercial purposes ever, or can I just give it to them as I would to any friend without restrictions?
 
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Do I have to tell them that they can't be used for commercial purposes ever, or can I just give it to them as I would to any friend without restrictions?
If you do give them the photos and they do use them for commercial purposes, you'll be liable since you took the photos. If you care to follow the law, then it would be best not to give them the photos.
 
If, and this is the main point, IF you took the pictures purely for recreational purposes then the INTENT of the flight was indeed recreational. What happens later down the road to the pictures is not in question so long as it's not a repeat situation.

Even the FAA has stated that pictures taken during a hobby/recreational flight can be used for NON-Hobby purposes so long as the flight was indeed hobby. Just like footage from a hobby flight can also be used for News Media publication as long as it was taken during a hobby flight.

It's a fine line and one that can be followed once in a while and by the OP's statement it sounds very legit so long as all the facts are as described.
 
its one of those catch 22 questions you are damned if you do and damned if you dont what you could do is give them the photos and get them to sign a disclaimer saying that they agree not to use them for commercial purposes and then if they do you should be in the clear
 
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If, and this is the main point, IF you took the pictures purely for recreational purposes then the INTENT of the flight was indeed recreational. What happens later down the road to the pictures is not in question so long as it's not a repeat situation.

Even the FAA has stated that pictures taken during a hobby/recreational flight can be used for NON-Hobby purposes so long as the flight was indeed hobby. Just like footage from a hobby flight can also be used for News Media publication as long as it was taken during a hobby flight.

It's a fine line and one that can be followed once in a while and by the OP's statement it sounds very legit so long as all the facts are as described.

If the facts weren't as I described, I'd be foolish to be online asking the question. Attached is one of the photos I may give them

Also - if they looked at my flight records, they'd see nothing but straight up and downs, lots of 360 panos, and maybe a few flights with straight line movements of no more than 200 ft in any direction. I haven't yet got the guts to leave leave "home". For the most part I'm most interested in sunsets and lightning.

Thanks all for your replies. Garden Barn 1.jpg
 
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That's a nice looking photo and I wouldn't hesitate to give it to them, but if they ask you to fly around and take more you would no longer be flying under hobby rules. As Al already stated, it's the intent of the flight that matters, not what you do with the photos.
 
That's a nice looking photo and I wouldn't hesitate to give it to them, but if they ask you to fly around and take more you would no longer be flying under hobby rules. As Al already stated, it's the intent of the flight that matters, not what you do with the photos.

Thanks!!
 
My goodness, just give them the pictures. What they do with them after that is not your responsibility.

Your intuition is correct: If you are not expecting any sort of return for the pictures, you are not a commercial operation. But be careful - bartering (exchanging goods or services in lieu of money) is also a commercial activity. You mentioned they have done you favors. Could your pictures be viewed as some sort of business arrangement in return for those favors? I seriously doubt it, and frankly I think this whole thread is a big fat nothing-burger stuffed with extra paranoia sauce.
 
Passedpawn,
I've been interested in extreme macro photography for years. The favors I referred to were not business related. I never got a break buying stuff. For years, they let me repeatedly take water from the pond to find what lurked beneath the surface, and they let me catch bugs inside the greenhouses. Period!

They have just been nice neighbors and I thought the pictures would be a nice way to say 'thank you'. That's all there is to it. :)

As you said: A big nothingburger.
 
Nice Photo.
 
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A local garden business has done me many favors over the past decade for which I am grateful.

Recently I started flying a Mavic Pro 2 from a school athletic field when the building and parking lots are empty. The garden business is close to the field and I have some photos of the property that I'd like to give them.

But I don't have a commercial license and am unsure if someday they were to use the photos in their advertising, it would create a problem for me.

Do I have to tell them that they can't be used for commercial purposes ever, or can I just give it to them as I would to any friend without restrictions?
You can even sell them to the garden if you want and they can use them for any purpose they want.

The Federal Aviation Administration doesn’t regulate botanicals, commerce, or photography... Only aviation
 
If youtr really worried just give them the photos and tell them you and you name can't be mentioned to anyone about the photos.
 
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A local garden business has done me many favors over the past decade for which I am grateful.

Recently I started flying a Mavic Pro 2 from a school athletic field when the building and parking lots are empty. The garden business is close to the field and I have some photos of the property that I'd like to give them.

But I don't have a commercial license and am unsure if someday they were to use the photos in their advertising, it would create a problem for me.

Do I have to tell them that they can't be used for commercial purposes ever, or can I just give it to them as I would to any friend without restrictions?


The answer is "it depends" .

As this is the internet you could be anywhere on the planet and regulations vary from country to country.
Sometimes even within a country.
 
A local garden business has done me many favors over the past decade for which I am grateful.

Recently I started flying a Mavic Pro 2 from a school athletic field when the building and parking lots are empty. The garden business is close to the field and I have some photos of the property that I'd like to give them.

But I don't have a commercial license and am unsure if someday they were to use the photos in their advertising, it would create a problem for me.

Do I have to tell them that they can't be used for commercial purposes ever, or can I just give it to them as I would to any friend without restrictions?
YOU did not receive any compensation for your efforts, therefore YOU are a recreational pilot.

It is irrelevant what someone else does. YOU took pictures as a recreational pilot, and you did it not-for-profit.

You're good.
 
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YOU did not receive any compensation for your efforts, therefore YOU are a recreational pilot.

It is irrelevant what someone else does. YOU took pictures as a recreational pilot, and you did it not-for-profit.

You're good.
This is not accurate for the US where the OP is flying. As @BigAl07 best explained in post #3 above, all that matters is the intent of the flight. It doesn't matter if anyone did/didn't/will profit from the situation.
 
This is not accurate for the US where the OP is flying. As @BigAl07 best explained in post #3 above, all that matters is the intent of the flight. It doesn't matter if anyone did/didn't/will profit from the situation.
So your saying not for profit is not recreational flying.

I pretty much thought your either fly for fun, or business. Who knew?
 
I pretty much thought your either fly for fun, or business. Who knew?
You can fly under recreational rules or Part 107 rules. While it's okay to transact business while flying under Part 107 rules, you're not required to do so.
 
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