Question regarding use of photos

[sar104]

FWIW, my personal take on this if I understand the FAA/CAA ruling correctly is that yes you can give them to the garden centre and they can do whatever they wish with them, commercial or not. The FAA/CAA would only be interested if YOU received payment for the pictures. As you haven't/didn't I don't see a problem. I assume you flew as a hobbyist i.e it was originally a personal pleasure flight. No problem.

No - your understanding is incorrect. It's not whether you received payment, it's whether the intent of the flight was recreational. If it was, at the time, then subsequently you can do what you like with the material, including selling it. What you can't do without a Part 107 is fly for any purpose other than recreational.

 

[brett8883]

FWIW, my personal take on this if I understand the FAA/CAA ruling correctly is that yes you can give them to the garden centre and they can do whatever they wish with them, commercial or not. The FAA/CAA would only be interested if YOU received payment for the pictures. As you haven't/didn't I don't see a problem. I assume you flew as a hobbyist i.e it was originally a personal pleasure flight. No problem.

@sar104 beat me to it but I already had this typed out.

I think we get hung up on this “commercial” vs “recreational” argument. At least in the US it’s “recreational” vs anything else.

Part 107 is the default rules. Everyone that flies a drone must have a part 107 certificate. EXCEPT... if you are flying for leisure and self-enjoyment (aka recreation.)

Nowhere in part 107 does it specifically say it is for commercial purposes only. It INCLUDES commercial use but isn’t limited to.

Example1) I call you and ask you to come over and check the shingles on my roof after a hail storm. I don’t intend to pay you and you don’t intend to get paid. This isn’t a commercial flight but it isn’t a recreational flight either. Therefore, you would technically need a part 107 certificate to do this mission because the intent of the flight before take off is something other than for your own recreation and self enjoyment.

Example2) I know you do lots of flying around the neighborhood because that’s what you like to do for fun so I ask you if you have gotten any video or pictures of my roof lately. You have and I ask to buy them from you. Though this is a commercial transaction the purpose of the flight was recreational so the issue of payment does not make this flight non-recreational.

Bottom line I think we get off course when we talk about payment because it really doesn’t matter if you get paid or not or think you will get paid and don’t.

 

[Thomas B]

Wow. Lots of advice here lol

I'm the OP and I live in the US (Connecticut).

After reading the above replies I decided to give the garden center the photos with a note that I prefer they not be used for commercial purposes. They told me they had hired a professional photographer last year to take photos of the business and were happy with the results and wouldn't use mine commercially (I didn't ask if any were from the air).

In any case I think we can close this thread now. Thank you all for your thoughtful and interesting replies.

Per OP request, since it’s all covered...