Selling prints - Part 107 required or not?

[BigAl07]

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.

This one statement sums it up nicely. ^^^^^

If the flight was legal and fits within all FAA Regulations and the "Carve Out" for Hobby/Recreational then it doesn't matter what happens to the DATA that was gathered during the flight. The FLIGHT and your INTENT is all that matters.

 

[Arizona Flyer]

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

The above gives drone flyers the current FAA rules. It won’t be long before the aeronautical knowledge and safety test will be required for all non-107 license holders. At this point, seems just as simple to take the 107 and get it over with. Like it or not, government regulation never stops growing. As a practicing attorney, I have always felt that any bureaucratic rules imposing criminal penalties are Constitutionally infirm because they don’t go through our representative government, but alas, that’s an expensive argument to win.

 

[sar104]

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

The above gives drone flyers the current FAA rules. It won’t be long before the aeronautical knowledge and safety test will be required for all non-107 license holders. At this point, seems just as simple to take the 107 and get it over with. Like it or not, government regulation never stops growing. As a practicing attorney, I have always felt that any bureaucratic rules imposing criminal penalties are Constitutionally infirm because they don’t go through our representative government, but alas, that’s an expensive argument to win.

But these are not just bureaucratic rules - they were implemented via the FAA Reauthorization Act of 2018, approved by Congress.

 

[AlphaPropellerhead]

Honestly, the FAA doesn’t have time to waste on drone pilots selling photos unless somebody files a complaint. Maybe they do in some FSDO somewhere, but, see if you can find somebody who was ever cited after the flight for selling a photo without a 107. I suppose it’s possible but I wonder if anybody’s ever actually heard of such a thing.

If you get into trouble DURING the flight, however, that’s another story. The FAA’s fundamental interest is improving aviation safety, not punishing photographers. By FAR the most important thing is to fly safe, and the second being to be respectful of the community because the FAA hates getting complaints.

If the FAA suspects there may be a violation, however, any video or other imagery you produced may be subpoenaed and used against you. Cheers!

 

[rwcarr]

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?

You responded in exactly the same way I was going to. I faced this same dilemma a short while ago and I chose to go ahead and get my 107–I knew I eventually wanted to so I just decided to move the timeline forward. But, as you said, each person needs to evaluate the pros and cons for themselves and then make their ow. Decision. I will say, I used the Pilot Institute for studying and I’ll say, I actually found their approach to be very good. Greg covers more than is necessary but by doing so, he has found a formula for getting his students to really know the material. I will also say that the Part 107 exam I took did have a few surprise questions on it but I felt pretty confident when I answered them. Happy flying!

 

[hychewright]

I'm a recreational drone pilot and have been for years. I understand that with the amount of drones flying around the country, I saw potential FAA involvement for drones coming long ago. I fully understand Part 107 and what it means about commercial flying enterprises. My interpretation is that if I won't to make any money at all flying my drone then I must get Part 107 certified, period.

 

[66427cobra]

Most of this discussion centers on is it legal or not? This is the Federal Government and they can (and do) decide what is legal "on the fly". The somewhat ambiguous or ill-defined wording gives them the opportunity to interpret it based on their objective. Even experienced and well-versed members of this forum disagree on the legality surrounding this issue.

Suppose they take you to court and you win your argument after thousands of dollars in legal fees. Is it possible that a pissed off prosecutor might then pass along his case files to the IRS (failure to report income), or to the state/local government (failure to collect sales tax), or BOTH? Malicious prosecution, maybe. More court time...more legal bills...more headaches, definitely.

Compare those monetary and emotional costs to Part 107 certification. As I see it, if you are Part 107 certified, this takes the issue off the table...for less than $500 ($200 if you self-study) for the exam.

If you are like me, you are a small fish and as others have stated, would the FAA really care? Probably, not. But I would rather spend those legal fees on a new Mavic Pro 3 (or whatever it ends up being called). I guess that's why I wear a belt and suspenders.?

Be safe...