Selling prints - Part 107 required or not?

[naiku]

I have posted a couple pictures on social media recently and have some people asking if I'd sell prints.

Now, I don't (yet) have my part 107, but the actual drone flights were not for commercial purposes anyway, so would I be ok if I sold a print or not?

I'd assume yes, again, the flights were not commercial in nature, I wasn't paid for them and was not asked to take specific photos. But, I also don't want to risk problems for myself especially as I do want to get a commercial license.

Thanks.

 

[Meta4]

I have posted a couple pictures on social media recently and have some people asking if I'd sell prints.

You are going to have some people who will tell you that you need the 107 because they think the FAA are the who-can-sell-photos police.
But you already have the right idea.
The FAA is interested in the flying, not the images.

 

[naiku]

Thanks, you confirmed what I was thinking, I also recalled seeing a thread here a while back and someone asked the same question, but could not find that initial thread.

 

[Hegemone]

The FAA is concerned with the intent of the flight not what happens during the flight. If the intent of the flight is not purely recreational then part 107 is required. If you are selling pictures then it might be hard to argue that your intent while flying was recreation but that's up to you and your lawyer when answering to the FAAs fines and stuff.

Even if the flight is not for money but the intent is not recreational (like inspecting your own roof for repair after a storm) then then the FAA is wanting you to have the UAV certification.

Do with that information as you will. I would say that the previous pictures were taken during recreational flights as you didn't realize people might want to buy them. If you intend on selling future pictures then I would suggest 107 and registeringing your drone as commercial. Selling prints is just as non recreational as shooting realestate listing images.

Lots of people out there doing much shadier stuff than flying without 107 for non recreational reasons. But what's right is right and what risks you are willing to take is up to you. Plenty of legal pilots out there have no issue reporting things to the FAA. With the current climate I am not sure that's the type of game I would want to play but that's just my opinion and at the end of the day it's up to you to do what you you think is right. Read the laws and make your own decisions.

You just dropped change on a high end drone. Isn't a little bit more to take an easy test and be legal worth it in the long run?

 

[Meta4]

There are always hardline fundamentalist responses to this question from members that take the matter much more seriously that the FAA ever has.

 

[brett8883]

I have posted a couple pictures on social media recently and have some people asking if I'd sell prints.

Now, I don't (yet) have my part 107, but the actual drone flights were not for commercial purposes anyway, so would I be ok if I sold a print or not?

I'd assume yes, again, the flights were not commercial in nature, I wasn't paid for them and was not asked to take specific photos. But, I also don't want to risk problems for myself especially as I do want to get a commercial license.

Thanks.

Can confirm it’s ok to sell

 

[CactusJackSlade]

Can confirm it’s ok to sell

Well, it's been a year since I took my 107 re-cert... and it's very black and white, I never read anything about "intent". It was always stated that if you sell, trade, bargain, anything for gain based on photos or videos from your flight that is commercial and needs a 107 cert.

Otherwise no one would bother with a 107, they would just say "Well, I was flying recreationally, but later some guy wanted photo's, so I sold them"... just doesn't work that way or we would all just fly for "recreation" and later I happen to sell some photos from my flight. Unless the FAA has changed their wording in the last 9 months technically you need a 107. All this being said, unless someone turns you in, or you start selling lots of photos, have a website etc the likelihood of the FAA knocking at your door is probably nil.

 

[Meta4]

it's very black and white, I never read anything about "intent". It was always stated that if you sell, trade, bargain, anything for gain based on photos or videos from your flight that is commercial and needs a 107 cert.

Unless the FAA has changed their wording in the last 9 months technically you need a 107.

I think the issue is that you are going by what you imagine the rules are rather than what they actually are.
If there were clear black and white rules, this topic wouldn't always end up with such disparate opinions.
Can you point me to where It was always stated or where we can see the FAA wording that hasn't changed?

 

[Greekislandlover]

This doesn't help you because I am in the UK, and it's only my thoughts.

But the way I see it is that you were flying for recreational purposes with no intent to market or sell images. People want copies of your pictures, and you might be OK selling these historical images. I'm not a lawyer, but a reasonable person is likely to agree this would be ok in their book.

The thing is you clearly intend to offer images for sale in the future. At that point things change, and I would personally go for the qualification.

 

[theDRONEranger]

Bottomline, if the flight was for purely recreational intents, have fun. If you sell photos after the fact, have fun!

 

[Km5er]

IF you run a business using your drone then FAA applies. IF you inspect your own roof or your buddies roof (in exchange for a six pack) or sell photos from time to time this is not FAA 107 applicable. Too many people are getting 107 because they think they need it and there are too many courses selling 107 test prep because everyone is falling for this false "need". There are many people that sell photos that do not have a business or commercial license because it is not to the extent that it replaces their main source of income. The FAA police is not going to waste our tax dollars coming after a relatively small time player. They have enough to do with real problems...like an idiot flying a drone for a close up of the blue angels or flying over a DOE facility because the deer are so big and the noise of the drone does not scare them (cause they are not hunted). If you make any money then claim that on your taxes. This makes Uncle Sam and his many departments happy.

 

[Deleted member 114292]

Just make sure you’re not doing anything wrong when you take the photos.
They will notice that.
Whether it’s legal or not as a moot point they’re never gonna say anything about it they’ve got too many other problems.

 

[Ty Pilot]

Why not call your local FSDO? In one phone call, you'll get an answer direct from the FAA.

 

[Deleted member 114292]

Or just use the email address on Dronezone they answered you within a day or two.

 

[Forensics_Pilot]

In the overall scheme of things, please consider studying for the FAA Part 107 exam and then taking the exam for two reasons:
(1) it will make you a more informed drone pilot, and if you practice what you learn through the experience, a safer pilot
(2) it will eliminate you having to ask “am I legal or not?” Why even ask the question? As Barney Fife would say, “nip it in the bud!”

 

[brett8883]

Well, it's been a year since I took my 107 re-cert... and it's very black and white, I never read anything about "intent". It was always stated that if you sell, trade, bargain, anything for gain based on photos or videos from your flight that is commercial and needs a 107 cert.

Otherwise no one would bother with a 107, they would just say "Well, I was flying recreationally, but later some guy wanted photo's, so I sold them"... just doesn't work that way or we would all just fly for "recreation" and later I happen to sell some photos from my flight. Unless the FAA has changed their wording in the last 9 months technically you need a 107. All this being said, unless someone turns you in, or you start selling lots of photos, have a website etc the likelihood of the FAA knocking at your door is probably nil.

This question has been answered thousands of times please do your research before answering. These armchair answers don’t help anyone.

The FAA is the Federal Aviation Administration. They administrate aviation not commerce. Once the flight is over and the act of aviation is complete the FAA no longer has jurisdiction over what you do.

 

[CactusJackSlade]

IF you run a business using your drone then FAA applies. IF you inspect your own roof or your buddies roof (in exchange for a six pack) or sell photos from time to time this is not FAA 107 applicable. Too many people are getting 107 because they think they need it and there are too many courses selling 107 test prep because everyone is falling for this false "need". There are many people that sell photos that do not have a business or commercial license because it is not to the extent that it replaces their main source of income. The FAA police is not going to waste our tax dollars coming after a relatively small time player. They have enough to do with real problems...like an idiot flying a drone for a close up of the blue angels or flying over a DOE facility because the deer are so big and the noise of the drone does not scare them (cause they are not hunted). If you make any money then claim that on your taxes. This makes Uncle Sam and his many departments happy.

Technically speaking, incorrect. If you have any monetary gain or other type of gain in exchange for video photos that is commercial use.

 

[CactusJackSlade]

Follow this flow chart: User Identification Tool

As I have said before, selling after a "recreational" flight makes it a commercial enterprise. Otherwise we would all fly "recreationally" and do backwards deals later.

 

[CactusJackSlade]

I just wrote the FAA for clarification. Let's see what they have to say.

NOTE: I am talking about what I believe is technically the correct answer, I am not talking about the reality that most of the time the FAA is not going to come knocking at your door unless you do something dumb or get turned in.

 

[Deleted member 114292]

I did ask the faa that question and here is the reply :

Any operation that is not strictly recreational is governed under Part 107, and thus requires a Remote Pilot Certificate. You mentioned intent... Someone that sells pictures is not conducting a recreational operation. If the original intent was indeed recreational, there is nothing that precludes the operator from selling those photos when they are later operating under Part 107, but they certainly will need a Remote Pilot Certificate to conduct non-recreational operations.