Using Drone during internship

[cmj0929]

Hello all, Im currently in an unpaid internship with my college through the Athletics dept. and i was wondering if it was ok if i used my drone to record Football practices, games and other events on campus ? if i'm not flying directly over people which is pretty easy to do. i have my 107 but i'm not sure it would even be necessary considering its an unpaid internship and money wouldn't be exchanging hands.

 

[White Tiger Aerial Photos]

Hello all, Im currently in an unpaid internship with my college through the Athletics dept. and i was wondering if it was ok if i used my drone to record Football practices, games and other events on campus ? if i'm not flying directly over people which is pretty easy to do. i have my 107 but i'm not sure it would even be necessary considering its an unpaid internship and money wouldn't be exchanging hands.

I believe the Part 107 would be required even if money is not exchanging hands. I don't know why, but someone told me that you can't even give your photos to someone else. I have no idea why drone footage posted on YouTube isn't classified as such, especially considering that some of these people get money from it, and are sharing their footage withe people. I'm not complaining. I'm very cool with that . Also, as far as I know, as long as you don't fly over people that are not directly participating with you, then that's OK. Also, make sure that you're not in restricted airspace.

 

[cmj0929]

I believe the Part 107 would be required even if money is not exchanging hands. I don't know why, but someone told me that you can't even give your photos to someone else. I have no idea why drone footage posted on YouTube isn't classified as such, especially considering that some of these people get money from it, and are sharing their footage withe people. I'm not complaining. I'm very cool with that . Also, as far as I know, as long as you don't fly over people that are not directly participating with you, then that's OK. Also, make sure that you're not in restricted airspace.

107 isn't required on youtube unless your channel is monetized, learned that the hard way because of the simple fact that if it isn't you aren't making money and the restricted airspace thing isn't an issue due to my school being in the middle of nowhere lol, i'll have to do some more research on if the internship thing is ok because if i'm not receiving any money for it( its for a class) would it still be considered commercial and thus require 107 ?

 

[White Tiger Aerial Photos]

107 isn't required on youtube unless your channel is monetized, learned that the hard way because of the simple fact that if it isn't you aren't making money and the restricted airspace thing isn't an issue due to my school being in the middle of nowhere lol, i'll have to do some more research on if the internship thing is ok because if i'm not receiving any money for it( its for a class) would it still be considered commercial and thus require 107 ?

It shouldn't be considered commercial, but since you already have your 107, why worry about it?

 

[Brockrock]

The test for an operation requiring a Part 107 rating is simple. Is the operation only recreational? If the answer to this question is no - which would apply to this scenario - then it is a Part 107 operation. No money needs to change hands, and the gain to you is furtherance of your education and possibly some value to the footage for your University. Get written permission from them to do so, know what your possible liabilities may be and have some type of insurance, fly in accordance with UAV standards, and have a ball.

 

[cmj0929]

It shouldn't be considered commercial, but since you already have your 107, why worry about it?

I'm more asking out of curiosity than anything else to be honest, and also for anyone else that may have a similar question such as recording events or volunteering to record practices

 

[brett8883]

Hello all, Im currently in an unpaid internship with my college through the Athletics dept. and i was wondering if it was ok if i used my drone to record Football practices, games and other events on campus ? if i'm not flying directly over people which is pretty easy to do. i have my 107 but i'm not sure it would even be necessary considering its an unpaid internship and money wouldn't be exchanging hands.

There is a special provision that allows institutions of higher education to operate under the exception for recreational operations of unmanned aerial vehicles for operations that would otherwise require a part 107.

Educational Institutions

There is also a statutory provision (P.L. 115-254, Section 350(PDF), as amended by P.L. 116-283, Section 10002) that clarifies that education and research uses of drones for educational purposes can be operated under the rules for recreational flyers. This includes programs for institutes of higher education, programs run by JROTC, and educational programs chartered by a recognized Community Based Organization

Educational Users

www.faa.gov

 

[brett8883]

Your use probably qualifies under that provision since it is for the athletics department.

Otherwise it would require a part 107 in the strictest sense. If somebody else is asking you to fly your drone it probably requires a part 107.

However, if no money is changing hands and it is for charity or volunteer work the FAA is highly unlikely to pursue action.

 

[BigAl07]

The Education Clause/Protection won't work in this situation. It's not part of "Education" but performing a service for the school/university. It in no way is what @cmj0929 described "part of a curriculum" which is the reason for the Carve Out to allow drones in education. Now if you were to use it to Teach/Demonstrate aviation/UAS/Robotics that would be different but merely capturing aerials for the school would not pass the "Education" test. Read below for some added input that should clear things up. I added COLOR and BOLD and INCREASED FONT SIZE to emphasize the part that clears it up.....
**********************************************************************************************************************

Drones for Education​

Drones (and model aircraft) are great tools for use in education. If you are a teacher or a student looking to bring drones into your curriculum, here are a few things you should know before you get started....
**********************************************************************************************************************


As an FAA Safety Team Drone Pro I'm heavily involved in this type of situation and help in our region quite often. This scenario does not pass the taste test for ~44809 with or without the "Education" allowance.

 

[brett8883]

The Education Clause/Protection won't work in this situation. It's not part of "Education" but performing a service for the school/university. It in no way is what @cmj0929 described "part of a curriculum" which is the reason for the Carve Out to allow drones in education. Now if you were to use it to Teach/Demonstrate aviation/UAS/Robotics that would be different but merely capturing aerials for the school would not pass the "Education" test. Read below for some added input that should clear things up. I added COLOR and BOLD and INCREASED FONT SIZE to emphasize the part that clears it up.....
**********************************************************************************************************************

Drones for Education​

Drones (and model aircraft) are great tools for use in education. If you are a teacher or a student looking to bring drones into your curriculum, here are a few things you should know before you get started....
**********************************************************************************************************************


As an FAA Safety Team Drone Pro I'm heavily involved in this type of situation and help in our region quite often. This scenario does not pass the taste test for ~44809 with or without the "Education" allowance.

@BigAl07 I took the fact that he is a student at the university and this is an unpaid internship to mean (perhaps wrongly) that this is an academic internship. Many degree programs require a academic internships as part of the curriculum. They literally give you credit towards your degree and it’s sometimes required to graduate.

Also your definition of the Educational exception seems to only cover section (A) of the definition given in the FAA Reauthorization Act for “Educational or Research Purposes.”

2) EDUCATIONAL OR RESEARCH PURPOSES.—The term ‘‘edu- cation or research purposes’’, with respect to the operation of an unmanned aircraft system by an institution of higher education, includes—

(A) instruction of students at the institution;

(B) academic or research related uses of unmanned aircraft systems that have been approved by the institution, including Federal research;

(C) activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal Government; and

(D) other academic activities approved by the institu- tion.

https://www.congress.gov/115/plaws/publ254/PLAW-115publ254.pdf

 

[cmj0929]

@BigAl07 I took the fact that he is a student at the university and this is an unpaid internship to mean (perhaps wrongly) that this is an academic internship. Many degree programs require a academic internships as part of the curriculum. They literally give you credit towards your degree and it’s sometimes required to graduate.

Also your definition of the Educational exception seems to only cover section (A) of the definition given in the FAA Reauthorization Act for “Educational or Research Purposes.”

2) EDUCATIONAL OR RESEARCH PURPOSES.—The term ‘‘edu- cation or research purposes’’, with respect to the operation of an unmanned aircraft system by an institution of higher education, includes—

(A) instruction of students at the institution;

(B) academic or research related uses of unmanned aircraft systems that have been approved by the institution, including Federal research;

(C) activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal Government; and

(D) other academic activities approved by the institu- tion.

https://www.congress.gov/115/plaws/publ254/PLAW-115publ254.pdf

that's exactly what this is, the internship is a requirement for graduation

 

[DoomMeister]

that's exactly what this is, the internship is a requirement for graduation

Since you have your 107 certification the point is moot anyway. You are able to fly using the 107 and do not have the meet the exception for recreational flight. Just do what you have to do following Part 107 regs and finish the internship.

 

[BigAl07]

that's exactly what this is, the internship is a requirement for graduation

Internship may be part of "Requirement for graduation" but use of the drone is not unless the class/curriculum is UAS specific or Aviation specific. You can't just integrate a UAS into any curriculum and try to get around Part 107.

From the FAA:

• Note: Non-recreational purposes include things like taking photos to help sell a property or service, roof inspections, or taking pictures of a high school football game for the school's website. Goodwill or other non-monetary value can also be considered indirect compensation. This would include things like volunteering to use your drone to survey coastlines on behalf of a non-profit organization. Recreational flight is simply flying for fun or personal enjoyment.

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

 

[cmj0929]

Internship may be part of "Requirement for graduation" but use of the drone is not unless the class/curriculum is UAS specific or Aviation specific. You can't just integrate a UAS into any curriculum and try to get around Part 107.

From the FAA:

• Note: Non-recreational purposes include things like taking photos to help sell a property or service, roof inspections, or taking pictures of a high school football game for the school's website. Goodwill or other non-monetary value can also be considered indirect compensation. This would include things like volunteering to use your drone to survey coastlines on behalf of a non-profit organization. Recreational flight is simply flying for fun or personal enjoyment.

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

Goodwill or other non-monetary value can also be considered indirect compensation

now that sounds like some BS lol like someone was bored when they were coming up with these rules. if it had been me writing the rules for the FAA: cut dry if money is not exchanging hands its ok, this "what is the intent of the flight" is causing people to act like lawyers and whatnot.

 

[brett8883]

Internship may be part of "Requirement for graduation" but use of the drone is not unless the class/curriculum is UAS specific or Aviation specific. You can't just integrate a UAS into any curriculum and try to get around Part 107.

From the FAA:

• Note: Non-recreational purposes include things like taking photos to help sell a property or service, roof inspections, or taking pictures of a high school football game for the school's website. Goodwill or other non-monetary value can also be considered indirect compensation. This would include things like volunteering to use your drone to survey coastlines on behalf of a non-profit organization. Recreational flight is simply flying for fun or personal enjoyment.

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

The FAA Reauthorization Act of 2018 where this rule comes from specifies that it is only institutions of higher education qualify for the “Education or Research” exemption. A high school would not qualify for the exemption under EDUCATIONAL AND RESEARCH PURPOSES exemption because they are not an institution of “higher learning.” This is probably why the FAA is using the example of a high school and not a college.

“350. USE OF UNMANNED AIRCRAFT SYSTEMS AT INSTITUTIONS OF HIGHER EDUCATION.
(a) EDUCATIONAL AND RESEARCH PURPOSES.—For the purposes of section 44809 of title 49, United States Code, as added by this Act, a ‘‘recreational purpose’’ as distinguished in subsection (a)(1) of such section shall include an unmanned aircraft system operated by an institution of higher education for educational or research purposes.

(d) DEFINITIONS.—In this section:
(1) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given to that term by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).”
-FAA Reauthorization Act of 2018

20 U.S.C. 1001(a)
(a)Institution of higher educationFor purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1)
admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title;
;
(3)
provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;

20 U.S. Code § 1001 - General definition of institution of higher education

www.law.cornell.edu

 

[brett8883]

I don’t mean to beat up on you @BigAl07 but no where in the law does it say anything about the curriculum has to be about aviation or UAS. Remember this is an honest to god law passed by Congress and signed by the president so the FAA can’t just make up stuff as they go.

The question and the only question is if you can convince the average person that the use is for Educational or Research purposes. If the school says the flight is for educational purposes and approves the flight then no average person is going to disagree.

 

[BigAl07]

I don’t mean to beat up on you @BigAl07 but no where in the law does it say anything about the curriculum has to be about aviation or UAS. Remember this is an honest to god law passed by Congress and signed by the president so the FAA can’t just make up stuff as they go.

The question and the only question is if you can convince the average person that the use is for Educational or Research purposes. If the school says the flight is for educational purposes and approves the flight then no average person is going to disagree.

LOL you're not beating me up!

I've given it to you like it's been handed down through varous interactions in this type of situation. How you take it (or not) is entirely up to you.

 

[walke121]

Considering they didn’t go all out after Casey Neistat for not having a 107 and he’s prob making $500k+ a month from YouTube I don’t think they are going to care if you have a 107 as an unpaid intern. That said I went to Alabama and I could only imagine what Saban would say if an intern was trying to video a practice.