- Joined
- Oct 3, 2017
- Messages
- 1,070
- Reactions
- 736
My niece creates websites.Can I give her,without compensation,a drone photo to use for one of her client's websites?
Did you already take the picture?My niece creates websites.Can I give her,without compensation,a drone photo to use for one of her client's websites?
If you already took the picture you can even get paid for it. It matters the intent of the flight at the time the picture was taken.
If you are doing a pro bono professional photo shoot and you know it’s gonna be used for a comercial purpose but you just aren’t getting paid for it I don’t know that is clear at this point. I think it’s hard to say you are a recreational pilot which is really what matters.
Anybody got any insight on the latter situation?
Yes the picture was taken for hobby purposes.Can she use it commercially if she doesn't pay me?Did you already take the picture?
The flight was recreational with no intent to sell or profit from it or for any intent for her to use it when I took them..She saw some photos and asked if she could use them.There will be no compensationThere is no ambiguity at all regarding the latter situation. The criterion has never been whether or not you are getting paid. If you are taking photos or video for any other purpose than your own recreational enjoyment then the flight is, by definition, not recreational. The FAA has made that perfectly clear, repeatedly.
This is my bad I hijacked your Thread for a related question before we knew if it applied to you which it does not.The flight was recreational with no intent to sell or profit from it or for any intent for her to use it when I took them..She saw some photos and asked if she could use them.There will be no compensation
Thanks-no worries!This is my bad I hijacked your Thread for a related question before we knew if it applied to you which it does not.
You are good to do whatever you want with your picture. You can give it to her for free or sell it to her/her client.
You are good to do whatever you want with your picture. You can give it to her for free or sell it to her/her client.
I’m afraid this is not true, you absolutely NEED a Part 107 commercial license to sell or give her the photo in order for her to sell it. It doesn’t matter if the original intent was not for commercial purposes. You were still flying recreationally and therefore you cannot use the photo commercially.
I’m afraid this is not true, you absolutely NEED a Part 107 commercial license to sell or give her the photo in order for her to sell it. It doesn’t matter if the original intent was not for commercial purposes. You were still flying recreationally and therefore you cannot use the photo commercially.
The phrase used is "In Furtherance of a Business" . This gift of the photo or photo's would be used in that manner so a Part 107 would need to be obtained.
I do not believe this is an official FAA website, so I would be careful with the information you find on it. I feel like this topic is in a very controversial grey area. Ultimately the original intent means nothing, and if you puposely use a photo commercially you are breaking the rules. @hiflyer201 Where the grey are comes into play is if you send someone a photo and they use it without your knowledge. While you may not be completely accountable, you should attempt to make right the situation by informing the person using the photo upon discovery. I feel like the recreational rules are in somewhat of a mess right now, as they were recently repealed and are subject to be replaced in the future. It is probably best that you don’t allow your niece to use your photos on her websites. It is fine to share them with her, as long as they are not being used commercially.From the “knowB4uFLY” campaign website which is sponsored by the FAA-
Q: I flew my drone for fun but ended up taking a photograph that I was able to sell later. Is this acceptable?
A: Yes, as long as the original intent of the flight was for fun.
I do not believe this is an official FAA website, so I would be careful with the information you find on it. I feel like this topic is in a very controversial grey area. Ultimately the original intent means nothing, and if you puposely use a photo commercially you are breaking the rules. @hiflyer201 Where the grey are comes into play is if you send someone a photo and they use it without your knowledge. While you may not be completely accountable, you should attempt to make right the situation by informing the person using the photo upon discovery. I feel like the recreational rules are in somewhat of a mess right now, as they were recently repealed and are subject to be replaced in the future. It is probably best that you don’t allow your niece to use your photos on her websites. It is fine to share them with her, as long as they are not being used commercially.
Ultimately it is up to the OP, like you said. I personally feel better, having my Part 107 license, that I am not doing anything wrong or operating in a grey area. The recreational rules do seem in some what of a sorry state currently, so both of our arguments may be true. I never knew the website you listed above was endorsed by the FAA, so I guess I know better for next time.I referenced an official resource that couldn’t be clearer and in plain English which should put this issue to rest but it’s ultimalty the OP’s decision.
Since the resource has been called into question here is a Press release on the FAA’s website that not only explains the partnership and directly links to the website I provided above. where did you think I found it?
I put a lot of research into my answers to posts and I never claim something without a irrefutable source.
Ultimately it is up to the OP, like you said. I personally feel better, having my Part 107 license, that I am not doing anything wrong or operating in a grey area. The recreational rules do seem in some what of a sorry state currently, so both of our arguments may be true. I never knew the website you listed above was endorsed by the FAA, so I guess I know better for next time.
I cannot find this information on the FAA's website either. However, this letter from one of the FAA's attorney's states the following:I do not believe this is an official FAA website, so I would be careful with the information you find on it. I feel like this topic is in a very controversial grey area.