Sharing drone video with news stations

[JS_2016]

I’ve taken some good footage of a couple of fires/accidents in my neighborhood and have given the footage to several news stations through their “news tips” section but the stations never air my footage. I know my videos are well made and am wondering if their is a legal reason they can’t or won’t use the footage. Just today I sent some really good footage of a house fire near some restaurants a block from my house but the news station I sent it to only used shaky, out of focus video from a bystander at the street level of the fire on the 11:00 pm news. Has anyone else gotten no response after submitting video to a news stations? If there is a legal reason then I won’t bother taking the time to share it.

 

[DoomMeister]

Are you a 107 certified pilot?

By taking video of the fire you are NOT flying for fun and therefore you fall into a 107 flight category. If the station uses your video they could incur a fine from the FAA that is substantially greater than one you could be given.

 

[BigAl07]

With all due respect, your footage may not convey the "story/theme" they are looking for. It may be a "good" video but not from the perspective they are looking for.

I've had probably 3 dozen clips used on various channels over the last several years and it's been as simple as just submitting it to the right avenue within each channel.

If you're not 107 they may be avoiding it because it could be "Grey Area" from a legal stance.

If you shoot the scene with the INTENT to share it with news/media, you are now operating clearly outside of ~44809 and in the Part 107 realm. Even if you're not doing it "for" the secondary use they may have an in-house UAS unit and have a standing rule to only use UAS footage from their UAS to avoid any legal issues.

 

[Meta4]

By taking video of the fire you are NOT flying for fun and therefore you fall into a 107 flight category.

I'm not sure about the logic of that statement.
If a flyer manages to take some interesting images, that doesn't mean that he can't be flying for his own pleasure.
What's to say a flyer isn't flying for his own enjoyment?
I doubt that the FAA are able to discern the thoughts and motivations of a flyer or would try to.
Here's part of an FAA document written by an FAA lawyer addressing the issue:

If the station uses your video they could incur a fine from the FAA that is substantially greater than one you could be given.

I've seen similar comments a number of times, but never seen ant official confirmation of that either.

 

[DoomMeister]

I'm not sure about the logic of that statement.
If a flyer manages to take some interesting images, that doesn't mean that he can't be flying for his own pleasure.
What's to say a flyer isn't flying for his own enjoyment?
I doubt that the FAA are able to discern the thoughts and motivations of a flyer or would try to.

The OP made it obvious the video was taken with the intent of sending it to the media for publication which would squarely make it a 107 flight.

The other possible issue could be the distance maintained away from the scene of emergency. Flying near an emergency scene is strongly discouraged.

 

[JackL]

I've gotten quite a few of my drone videos on local and national TV by sharing them on Twitter @ the reporters and TV stations. The only thing they ever care about is did you shoot it and can they have permission to use it, ime. Remember that they need it long before going on air so if you are only giving them 10 minutes before air there may not be enough time to incorporate it in the newscast.

 

[JackL]

I'm not sure about the logic of that statement.
If a flyer manages to take some interesting images, that doesn't mean that he can't be flying for his own pleasure.
What's to say a flyer isn't flying for his own enjoyment?
I doubt that the FAA are able to discern the thoughts and motivations of a flyer or would try to.
Here's part of an FAA document written by an FAA lawyer addressing the issue:

I've seen similar comments a number of times, but never seen ant official confirmation of that either.

I believe it all boils down to compensation. Since I gather interesting pics and video using any piece of equipment available to me and always share it freely, I doubt 107 would ever apply to me personally. I do keep it all semi anonymous since I'm not a lawyer though.

 

[Meta4]

I believe it all boils down to compensation.

Not according to the FAA ... read the pink highlighted section again.

 

[JackL]

Not according to the FAA ... read the pink highlighted section again.

I definitely like that part and it sounds quite fair, IMO.

 

[BigAl07]

I believe it all boils down to compensation. Since I gather interesting pics and video using any piece of equipment available to me and always share it freely, I doubt 107 would ever apply to me personally. I do keep it all semi anonymous since I'm not a lawyer though.

Compensation is but ONE way to void your statement of "hobby/recreational".

It's all about INTENT! Why are you flying the UAS? If it's purely for your own PERSONAL enjoyment (aka recreational) then you follow ~44809. If you are flying with the INTENT to deliver the data captured during the flight to someone else (news agency, your boss, Fire Dept etc) you are not flying for purely your own PERSONAL enjoyment.

Don't let the $$$ aspect confuse the big picture here. Always start out with "Why am I flying? What is the intent of the flight". If anything in either answer falls outside of Recreational the whole flight falls, by default, under Part 107.

Don't take my word for it, here it is in plain english:

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

What is a Recreational Flight?​

Many people assume that a recreational flight is one that is not operated for a business or any form of compensation. But, that's not always the case. Financial compensation, or the lack of it, is not what determines if the flight is recreational or commercial. The following information can be used to help you determine what rules you should be operating under. Remember, the default regulation for drones weighing under 55 pounds is Part 107. The exception for recreational flyers only applies to flights that are purely for fun or personal enjoyment. When in doubt, fly under Part 107..... (see link above for the FULL page on this . . .)

 

[SethB]

Call the TV station and ask the News Director! Do so at least 3 hours prior to any live newscast and you may get right through to them.

There could be any number of internal reasons they’re not using your footage… in addition to their understanding of non-rec.

 

[Cincigreg]

Is it possible that the station already has a drone pilot on retainer and they are restricted by a contract to only use them?

 

[hiflyer201]

I'm sure they are working under a deadline and might have legal question as well.
You might come under a little suspicion as to how you are always close enough to fires to video before emergency crews arrive shutting down any drone activity that' just me...a Columbo wanna be

 

[dirkclod]

I tweet weather,Sunsets & Rises to several of our weathermen here
and they air them some. Have had 1 hyper lap sunset aired. One station even has on their site to send them pictures.

 

[DoomMeister]

I tweet weather,Sunsets & Rises to several of our weathermen here
and they air them some. Have had 1 hyper lap sunset aired. One station even has on their site to send them pictures.
View attachment 131663

That is cool dc! But not the same as doing fires and accidents. I’m sure you understand as a former LEO.

 

[JS_2016]

I'm not sure about the logic of that statement.
If a flyer manages to take some interesting images, that doesn't mean that he can't be flying for his own pleasure.
What's to say a flyer isn't flying for his own enjoyment?
I doubt that the FAA are able to discern the thoughts and motivations of a flyer or would try to.
Here's part of an FAA document written by an FAA lawyer addressing the issue:

I've seen similar comments a number of times, but never seen ant official confirmation of that either.

Thanks for taking the time to comment. I am always flying for fun and I never fly with the idea that I’m going to sell my footage. Yesterday, for instance, I was in my back yard and saw a huge plume of smoke in the air. I couldn’t tell what was going on and the streets became blocked with onlookers and fire trucks. My first reaction was to get my drone in the air and take a look at what’s going on. That’s how I get all of my footage of fires and accidents. I never think to myself that I’m going to sell it to the news stations. Also, I drone for fun at a raceway park where there are Porsche's, Lamborghini’s, and other high ticket cars driving on the track. The racetrack knows I am doing it for fun as my partner is one of the drivers on the racetrack. However, as I am flying for fun….things happen. This is the area of flying that I’m concerned about. If I’m flying for fun or I’m curious as to what’s going on and I become a witness to an event , whats to stop me from sharing that video. And why do I suddenly need to be a 107 pilot to be able to share that video or event.

 

[JS_2016]

Are you a 107 certified pilot?

By taking video of the fire you are NOT flying for fun and therefore you fall into a 107 flight category. If the station uses your video they could incur a fine from the FAA that is substantially greater than one you could be given.

Hi and thanks for your input. I am inserting the following comment I gave to another person here. I think it would be of interest to anyone that has a drone.

I'm not sure about the logic of that statement.
If a flyer manages to take some interesting images, that doesn't mean that he can't be flying for his own pleasure.
What's to say a flyer isn't flying for his own enjoyment?
I doubt that the FAA are able to discern the thoughts and motivations of a flyer or would try to.
Here's part of an FAA document written by an FAA lawyer addressing the issue:

I've seen similar comments a number of times, but never seen ant official confirmation of that either.

Thanks for taking the time to comment. I am always flying for fun and I never fly with the idea that I’m going to sell my footage. Yesterday, for instance, I was in my back yard and saw a huge plume of smoke in the air. I couldn’t tell what was going on and the streets became blocked with onlookers and fire trucks. My first reaction was to get my drone in the air and take a look at what’s going on. That’s how I get all of my footage of fires and accidents. I never think to myself that I’m going to sell it to the news stations. Also, I drone for fun at a raceway park where there are Porsche's, Lamborghini’s, and other high ticket cars driving on the track. The racetrack knows I am doing it for fun as my partner is one of the drivers on the racetrack. However, as I am flying for fun….things happen. This is the area of flying that I’m concerned about. If I’m flying for fun or I’m curious as to what’s going on and I become a witness to an event , whats to stop me from sharing that video. And why do I suddenly need to be a 107 pilot to be able to share that video or event.

 

[JS_2016]

Call the TV station and ask the News Director! Do so at least 3 hours prior to any live newscast and you may get right through to them.

There could be any number of internal reasons they’re not using your footage… in addition to their understanding of non-rec.

Are you a 107 certified pilot?

By taking video of the fire you are NOT flying for fun and therefore you fall into a 107 flight category. If the station uses your video they could incur a fine from the FAA that is substantially greater than

The OP made it obvious the video was taken with the intent of sending it to the media for publication which would squarely make it a 107 flight.

The other possible issue could be the distance maintained away from the scene of emergency. Flying near an emergency scene is strongly discouraged.

No, I didn’t take the footage with the intent to sell it to anyone. I saw a huge plume of smoke coming toward my house and the streets filled up with cars trying to get through, onlookers, and fire trucks. My first reaction was to get my drone in the air so I could see what was going on. At that time I saw a house on fire a block away. For me, my drone is a survival tool. I could see how the big the fire was and if it was spreading toward my house. So then I become a witness to a fire and I have a great view of it. I send it to the local news station and tell them I don’t seek any compensation at all. So I’m flying out of curiosity, become a witness to an event but then suddenly need to be a 107 pilot?

 

[JS_2016]

I'm sure they are working under a deadline and might have legal question as well.
You might come under a little suspicion as to how you are always close enough to fires to video before emergency crews arrive shutting down any drone activity that' just me...a Columbo wanna be

Thanks for your comment. When I posted the video to the news station I told them I flew within the boundaries of my yard and at a height of about 80’. I was below the level of the trees in my yard and zoomed in to what was going on. So I had the same thoughts you had.
I’m still trying to figure out if, for instance,I see black smoke billowing up near my house,hear an explosion, or sense that something is going on in my neighborhood am I flying for “fun”or “survival”? And what if I become a witness once my drone is in the air? I need to have pilot license or something?? I think this subject should be of interest to all drone operators. What if you are flying your drone and witness something. Can you share the video with people or are we supposed to delete it?

 

[DoomMeister]

Thanks for your comment. When I posted the video to the news station I told them I flew within the boundaries of my yard and at a height of about 80’. I was below the level of the trees in my yard and zoomed in to what was going on. So I had the same thoughts you had.
I’m still trying to figure out if, for instance,I see black smoke billowing up near my house,hear an explosion, or sense that something is going on in my neighborhood am I flying for “fun”or “survival”? And what if I become a witness once my drone is in the air? I need to have pilot license or something?? I think this subject should be of interest to all drone operators. What if you are flying your drone and witness something. Can you share the video with people or are we supposed to delete it?

You are fine flying in your yard as long it is uncontrolled airspace or if you have clearance in controlled airspace. Also insure you are not interfering with any emergency or first responder operations. Being you are below tree top level it is unlikely for that to happen.

As referenced by @BigAl07 the “intent” of your flight determines whether you can fly under the recreational exception or if it falls under 107.

If you are on a recreational flight and record something like the fire, or a traffic accident, or a crime in progress you can submit it for evidence in an investigation just like if you captured the same with a camera or smart phone. You can also share that with the media or social media.

The way you stated your first post of the thread made it appear that you purposely flew just to capture the video to share it with the media and that “intent” would place it under 107 jurisdiction.