Thanks, Good point !Legally speaking, No. This was one of my first questions (not this one specifically) after I discovered all the rules and regs behind drone flight. Do folks do it? Yeah they do, but you put yourself and your friend's business at risk should the FAA decide to make an issue of it.
As I understand the rule,you can do it for" pleasure"and when your friend sees it he can say"may I use that"?Then it's legit to use it.Liability insurance as in any case needs to be up to snuff.Murky rule.I would like to do a one-time aerial video for a friend who is in the real estate business and would provide it at no charge. Can I do (legally) without the need for a 107 certification?
Nope. The rules are not murky at all. Unless it’s 100% recreational (and this wouldn’t be), a Remote Pilot Certificate is required. No question.As I understand the rule.you can do it for" pleasure"and when your friend sees it he can say"may I use that"?Then it's legit to use it.Liability insurance as in any case needs to be up to snuff.Murky rule.
I believe it has to do with original intent of flight.In this case the cards have been laid on the table but in the scenario I presented you can do it but not a lot as one of your competitors will turn you in or if you make it a regular habit the FAA may get wind of it. From SAR 104-Nope. The rules are not murky at all. Unless it’s 100% recreational (and this wouldn’t be), a Remote Pilot Certificate is required. No question.
We are basically saying the same thing, just in a different manner.I believe it has to do with original intent of flight.In this case the cards have been laid on the table but in the scenario I presented you can do it but not a lot as one of your competitors will turn you in or if you make it a regular habit the FAA may get wind of it. From SAR 104-
"The FAA regulations care only about the intent of the flight at the time, making this a bit of a grey area. If you were just flying for fun when you took them then technically you could later sell them with or without a Part 107 certification. However - do that too much and the argument becomes less credible.
But you are wrong here. The FAA doesn't retroactively designate flights as 107 or 44809. Everything you've done before you get your 107 is still considered recreational flights. You can sell the imagery of course, but you can do that before you have your 107 anyway if the intent at the time of the flight was recreational.Once you actually have a Part 107 certification the same rules still apply to those previous flights, but it's really unlikely that anyone is going to pursue you over use of prior work."
To be clear,you agree that in my hypothetical situation that he could fly recreationally and his friend could see the video afterwards and say-hey that's cool and use it commercially?We are basically saying the same thing, just in a different manner.
But you are wrong here. The FAA doesn't retroactively designate flights as 107 or 44809. Everything you've done before you get your 107 is still considered recreational flights. You can sell the imagery of course, but you can do that before you have your 107 anyway if the intent at the time of the flight was recreational.
And you can fly under recreational rules after you've obtained your 107. But only if it's a recreational flight. If I've made the decision to fly recreationally, I don't have a card in the camera. Ever. Just in case.
No, I read your post wrong if that's what you're saying.To be clear,you agree that in my hypothetical situation that he could fly recreationally and his friend could see the video afterwards and say-hey that's cool and use it commercially?
Well..last try.I go out one day recreationally without telling anyone and do a random video.My friend sees it and says that's a cool video.Friend says ok if I use it on my realty website?You say-well I flew as a recreational pilot and didn't intend to sell it/use it commercially so it's ok for you to use it.Is this ok or am I being thick?No, I read your post wrong if that's what you're saying.
In your situation, that would be a 107 flight. Anything flown outside recreation (flying for your friend to show a house isn't recreation) needs to be flown with a 107.
If he's flown something previously, and someone sees it later and wants to use it, that's fine. If he's flying for a Realtor, even "for recreation", it's not under 44809.
You can sell it. 100% legal in that case. The FAA ruled this perfectly acceptable in 2015.Well..last try.I go out one day recreationally without telling anyone and do a random video.My friend sees it and says that's a cool video.Friend says ok if I use it on my realty website?You say-well I flew as a recreational pilot and didn't intend to sell it/use it commercially so it's ok for you to use it.Is this ok or am I being thick?
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