Use of photo and Video

[rvk431]

Recently I flew my drone over an inlet on LI. I gave the videos and Pictures to a friend who posted it online. Someone asked him if I would come back and shoot video at low tide to challenge the town on something they believe the town did wrong so my buddy asked me to come back and shot video. I’m registered with FAA but don’t have 107 testing. Can I shoot video to be used against a town?

 

[THE CYBORG]

I would think that is you shoot a video and give it to someone for free then whatever they do with it is there responsibility, If you get payment for it that's a different matter.

 

[PhantomFandom]

Recently I flew my drone over an inlet on LI. I gave the videos and Pictures to a friend who posted it online. Someone asked him if I would come back and shoot video at low tide to challenge the town on something they believe the town did wrong so my buddy asked me to come back and shot video. I’m registered with FAA but don’t have 107 testing. Can I shoot video to be used against a town?

Technically you would need to be Part 107 licensed for your planned flight. It all comes down to intent of the flight that is planned. On your first flight, you were just taking video for pleasure and had no intent to do anything "commercial" with it. When you gave it to your friend, you didn't know what he would do with it.

In the second case, you would be taking video specifically for the purpose of using it to prove whatever it is your friend wants to prove against the township. That is not recreational intent and would therefore need to be flown under part 107.

 

[PhantomFandom]

I would think that is you shoot a video and give it to someone for free then whatever they do with it is there responsibility, If you get payment for it that's a different matter.

Payment has absolutely nothing to do with determining recreational vs Part 107. You don't need to be paid in order for a flight to be considered as non-recreational. If he is out there with the intent of doing anything other than strictly recreational flying then it needs to be a Part 107 flight.

 

[Olav van Gerven]

As long as you act within the laws, the footage is protected by the first amendment, freedom of the press, and as such you can use it or pass it on for other people to use it. Problems might occur if the footage is made in violation of laws.

 

[Ranger]

Problems might occur if the footage is made in violation of laws.

Isn't flying for non-recreational purposes without Part 107 a violation? Seems so to me.

 

[PhantomFandom]

As long as you act within the laws, the footage is protected by the first amendment, freedom of the press, and as such you can use it or pass it on for other people to use it. Problems might occur if the footage is made in violation of laws.

This has nothing to do with first amendment rights. FAA regulations stipulate that you must be flying under Part 107 rules if the intent of the flight is other than pure recreational purposes.
So yes, it is in violation of laws if the OP does what he asked about.

 

[Olav van Gerven]

This has nothing to do with first amendment rights. FAA regulations stipulate that you must be flying under Part 107 rules if the intent of the flight is other than pure recreational purposes.
So yes, it is in violation of laws if the OP does what he asked about.

Two things:
First - my answer was delayed in posting, so it shows up after two others had reacted.
Second - "As long as..." is the beginning and in THAT context, there is a reference to the 1st amendment.

 

[Thomas B]

Recently I flew my drone over an inlet on LI. I gave the videos and Pictures to a friend who posted it online. Someone asked him if I would come back and shoot video at low tide to challenge the town on something they believe the town did wrong so my buddy asked me to come back and shot video. I’m registered with FAA but don’t have 107 testing. Can I shoot video to be used against a town?

You will need to be a part 107 pilot, current regs, in order to provide commercial services to any client. It’s that simple.

 

[pls1911]

It’s a bit goofy.
Suppose you don’t care about the township action... your recreation is to make a free video for your friend just to laugh at him being an Ahole with it.... your intent is pure recreational. You’ll laugh till you cry when the evening news shows him fighting city hall.
However The FAA MAY assert non recreational intent.
You and you attorney fight in court and indeed, FAA has no way to prove intent.
Youre right, and will win, but you’ll be $20,000 poorer.

Just get a 107... Form an LLC, contract for $1, give him HIS video , then walk away with you grin intact, and your aR$ covered.