Rumor of FAA restriction on use of drone photos

[Ranger]

As long as you realize that you would normally have no flight without a flyer!

Sure! And this flyer knows why he is flying and acts accordingly. The OP had a legitimate question that has been answered.

 

[Lets Fly]

If I send a photo of a sunrise or sunset to my local paper for the reader snapshot of the day, and the paper obviously makes a profit, am I in violation?

 

[tcope]

If I send a photo of a sunrise or sunset to my local paper for the reader snapshot of the day, and the paper obviously makes a profit, am I in violation?

If you went 1/2mph over the speed limit, are you in violation?

To answer your question... maybe... but the FAA won't come after you and at the end of the day, isn't that the real question.

 

[sar104]

If I send a photo of a sunrise or sunset to my local paper for the reader snapshot of the day, and the paper obviously makes a profit, am I in violation?

I think that's effectively equivalent to photos or videos posted on Facebook or Youtube. Those platforms make a profit, but much (most?) of the content that they host is recreational in nature, and the FAA has clarified that posting content on non-monetized pages is consistent with recreational use.

 

[JamesD71]

As someone that lives on the other side of the world, I'm not answerable to the FAA but I follow the US drone regulations with interest.
I'd be very interested to see any information you can point to that supports your assertions.

In truth, you're not answerable to anybody...right? Is your QTH on a small island on the other side of the world?

 

[JamesD71]

If you went 1/2mph over the speed limit, are you in violation?

To answer your question... maybe... but the FAA won't come after you and at the end of the day, isn't that the real question.

I heard a rumour that the unicorn population was increasing. Rumours ("facts" with nothing to support them) usually start threads such as this one.

Bottom line, the FAA is not looking for the person selling a photo/video or two. They are looking for the person, or more likely, the company that is clearly running a business and that the FAA can easily show is selling a service from the use of a drone. You only need to look at the times when they have gone after someone to see that these are almost always large

If you went 1/2mph over the speed limit, are you in violation?

To answer your question... maybe... but the FAA won't come after you and at the end of the day, isn't that the real question.

Right! The Law is administrated by the Justice System
(primarily law enforcement officers and the court systems) which is often driven by public opinion (among other things). So, if nobody (or very few people, with no direct interest or burden) complains then you probably won't even be pursued seriously (beyond a warning), if at all. If you do get others with 'skin in the game' complaining (107 pilots) you might get more seriously pursued, especially if you are habitual about it.

 

[Meta4]

In truth, you're not answerable to anybody...right? Is your QTH on a small island on the other side of the world?

I just don't live anywhere the FAA has any influence.
But I closely follow what they do with regards to drone regulation (closer than you do from what I can gather).
I'd still be very interested to see any information you can point to that supports your assertions.

 

[kensteele]

i heard the faa say part 107 pilots can fly recreationally under part 107 so i was wrong. ?

*but you still have to take the recreational test otherwise you may not be able to fly recreationally. ?


*pending

 

[kensteele]

Q:If I obtain part 107 certification and also fly for fun do I need to register as recreational flier as well?
A:If you only have "one" drone that you use for Part 107, then you should register that drone under Part 107. You can still operate under "Recreational Exception" with the Part 107 registered drone.

 

[kensteele]

and then there is this:

Q:If you are a part 107 pilot can you still fly under recreational rules if you are not flying for commercial or profit?
A:Yes you can. But yoiu need to adhere to ALL of the requirements - you can't pick and choose.

 

[Imtnbike]

My knowledge base is close to nil on this so a couple of semantic questions that should be easy to clarify for me as I suspect both fall under the scope of commercial use.

1 - there is no mention of video footage only photographs . I presume the same standard holds for video as well?

2 - the use of a photo/video within a commercial promotion of a product or service holds the same commercial use standard as a photo or commercial that is for sale per se?

 

[sar104]

My knowledge base is close to nil on this so a couple of semantic questions that should be easy to clarify for me as I suspect both fall under the scope of commercial use.

1 - there is no mention of video footage only photographs . I presume the same standard holds for video as well?

Yes.

2 - the use of a photo/video within a commercial promotion of a product or service holds the same commercial use standard as a photo or commercial that is for sale per se?

Yes.

 

[drvrbob]

...which is exactly why us recreational pilots don't want to have anything to do with part 107 and the government b.s. you guys are subjected to...i see why 107 pilots are looking for ways to fly recreational.

As a 107 pilot, I dont HAVE TO LOOK FOR WAYS TO FLY RECREATIONALLY. I just go fly in class G airspace.

 

[RobH2]

Unfortunately, we don't live in a perfect world where everyone does what they are expected to by societies rules, laws and limitations. If they did, lawyers and my son, in particular, would be out of business. If everyone played by the rules we wouldn't be having this conversation. A simple solution is just saying, "sorry, I'm not licensed so I can't give or sell you the photo. I don't want to break the law." Look, we all hate laws, especially when it affects our personal activities. But, as a civil society, we should abide by them, even if grudgingly. I doubt you'd be losing $100's of dollars by not selling someone a photo as a hobbyist. Missing out on $10 for a photo is not going to wreck you Gross Income for the year. Just pass the exam and you'll recoup your $150 fee in no time.

 

[Znightflyer]

I’m going to predict that folks that earn money from their YouTube channel will need to be 107 to post any videos.

This would include video that were not initially intended to be sold, but was their vacation video. Once they started to attract viewers and subscribers to their channel things changed.

Similar to a farmer who bought his drone with intent to “take a picture of his farm” didn’t need a 107 but when he noticed a drought area and wanted to monitor his irrigation he needed a 107 to fly to do this.

 

[drvrbob]

um yeah, i was being somewhat flippant about this poster's point which is it's a little bit more than for whom you're flying. there's that intent word that's so hard to define (which is why the 107 is abusing it).

if you are a 107 pilot and you need to practice your skills and you go off to a field and you "fly for fun" but you are obviously brushing up on your skills as a commercial pilot....pretty hard to prove intent but you are obviously furthering your business by practicing those maneuvers over that empty field, setting your camera....makes it a lot easier to get a job done quicker and move on the next job when you can fly like a champ and get all the good photos on the first round. all while you pretend to be flying for fun on the weekend in the park using your "faa commercially registered" drone.

can a 107 register as a hobbyist and put his personal (single) number on a drone and then use that drone for 107 work?

I have my P3S registered as a hobbyist, my P4P's individually registered as commercial. I can't use the P3S commercially.

 

[sar104]

Unfortunately, we don't live in a perfect world where everyone does what they are expected to by societies rules, laws and limitations. If they did, lawyers and my son, in particular, would be out of business. If everyone played by the rules we wouldn't be having this conversation. A simple solution is just saying, "sorry, I'm not licensed so I can't give or sell you the photo. I don't want to break the law." Look, we all hate laws, especially when it affects our personal activities. But, as a civil society, we should abide by them, even if grudgingly. I doubt you'd be losing $100's of dollars by not selling someone a photo as a hobbyist. Missing out on $10 for a photo is not going to wreck you Gross Income for the year. Just pass the exam and you'll recoup your $150 fee in no time.

Except that you can, perfectly legally, give away or sell a photo that you previously took while flying recreationally.

I’m going to predict that folks that earn money from their YouTube channel will need to be 107 to post any videos.

This would include video that were not initially intended to be sold, but was their vacation video. Once they started to attract viewers and subscribers to their channel things changed.

Similar to a farmer who bought his drone with intent to “take a picture of his farm” didn’t need a 107 but when he noticed a drought area and wanted to monitor his irrigation he needed a 107 to fly to do this.

Same again - you are conflating the intent of the flight with subsequent use of the material. Flying to obtain video for monetized YT channels already requires Part 107. But videos previously shot while flying recreationally, without any intent to monetize them, do not, retrospectively, make the flight Part 107. And again with the farmer - if he decides that his drone has become a tool of his trade and continues to use it for that purpose then he needs Part 107, but it doesn't apply retrospectively.

 

[skiptv]

Just get you pilots license. Besides regulating your flying it also protects it. Really if you don’t take the test you are either lazy stupid or both.[Comment removed by Moderator]

 

[kensteele]

Just get you pilots license. Besides regulating your flying it also protects it. Really if you don’t take the test you are either lazy stupid or both.

...or maybe you don't want to seek a license from your government just to enjoy your hobby and fly for fun. if someone told you "just go get a license from the government and then play chess on the boardwalk with your friends on a public park bench" so you can be legal, would you do it? we live in free america, government licenses for personal freedoms have to be kept to a minimum. call me stupid and lazy if you want but you get that license, you can bank on it being suspending one day. then where will you be after you've already given permission?

texas is pushing for constitutional carry: no license required to carry a firearm concealed. but the government hands out concealed carry licenses like candy. why do you suppose we are pushing so hard for constitutional carry? the drone community is one of the few that i'm finding is pushing to sign up as many pilots for licenses as they can.

 

[Dkcoats]

You are only in violation if you took that photo knowing that you were going to sell it (or give it away) for a commercial use at a later time.

Tell it to this guy.