What is commercial?

[Syphon]

So, I have been posting fun Mavic videos I make on Facebook for my friends. I love flying as a hobby. I have a few political friends that are Mayors and City Commissioners. Apparently, one reached out to their Parks Department and had him call me asking if I could do some drone video of some of their beautiful parks for their City Website.

Thing is, their park rangers don't ever let me fly there and I really have been dying to get some footage.

If I didn't charge them anything and created a video for them to use for whatever purpose they want, and grabbed footage for my own personal videos, is that still considered Commercial, even though I did not collect any money from them?

I thought about going commercial, but, my understanding is the rules of flying are super strict when you have the commercial license, even if you are just out flying for fun and not a job. Also, I turned my other hobby into a successful business, didn't want to turn all my hobbies into business lol.

 

[KaiservonPoopChute]

My understanding of the FAA rules regarding commercial pilots is that you would be shooting the video for money. If no money is exchanged for the video then you are still considered a drone hobbyist.

 

[bpendleton]

That's not what the FAA says at all. For instance, right here they say:

"Flying for commercial use (e.g. providing aerial surveying or photography services)
Flying incidental to a business (e.g. doing roof inspections or real estate photography)"​

And here they say:

"Recreational or hobby UAS use is flying for enjoyment and not for work, business purposes, or for compensation or hire."
​

To me, that reads as - if the intention of your flight is not recreation, then you need the part 107 or equivalent. I got mine to fly as part of a festival that live drone footage was included in, that was thrown by a non-profit, and I certainly didn't get paid for it. Specifically, that last quote makes it clear that compensation is only one of the reasons flights might be considered commercial.

 

[KaiservonPoopChute]

So if you happen to fly for fun and get footage in the process, and then take said footage and donate it to the park service for their use is that still considered commercial? Whose job is it to determine intent?

 

[Xclone]

So if you happen to fly for fun and get footage in the process, and then take said footage and donate it to the park service for their use is that still considered commercial? Whose job is it to determine intent?

I agree with bpendleton. If capturing that footage somehow benefits your business, then it would be considered commercial according to my understanding of the FAA regulations. When studying for the 107 test they even mentioned monetized youtube channels. You may fly for fun but if you're making money on the youtube channel you post them on then its considered commercial.

If they reached out to you asking for footage so they can promote the park on their website, it's definitely a bit murky because it IS going to benefit the park and I can see it argued that it benefitted you by being able to operate in an area that is typically restricted.

 

[ThisIsCusel]

Tell them to protect themselves and yourself, you would need them to pay the test fee of $150 to get the part 107 cert.

 

[KaiservonPoopChute]

Leave it to the government to overcomplicate matters. My opinion is that if you're not getting paid in greenbacks, gold or any other currency then the goverment should have no say as to whether or not your footage is used by a third party. But you know what they say about opinons. I appreciate you guys clarifying that issue.

 

[Lake_Flyer]

Even if you don't get paid for it, if it benefits any business or organisation, it's considered commercial.

 

[Lake_Flyer]

Even if you don't get paid for it, if it benefits any business or organisation, it's considered commercial.

so while building a portfolio with unpaid jobs, you are considered to be operating commercial.

 

[Syphon]

Thanks for the replies. It seems so murky. Most likely, I am just going to work with a friend who has a Part 107, have him get the aerial footage I need and just give it all to me to edit with my ground footage I get.

I really need to look into the Part 107. I have had a few ask me to film commercially for them as I run a Web Development agency. I have had several ask if I can get a cool aerial shot for their website and I tell them I can't. I just don't want to complicate my hobby when less than 5% of my flights would be for commercial reasons.

 

[Xclone]

Thanks for the replies. It seems so murky. Most likely, I am just going to work with a friend who has a Part 107, have him get the aerial footage I need and just give it all to me to edit with my ground footage I get.

I really need to look into the Part 107. I have had a few ask me to film commercially for them as I run a Web Development agency. I have had several ask if I can get a cool aerial shot for their website and I tell them I can't. I just don't want to complicate my hobby when less than 5% of my flights would be for commercial reasons.

If he has his 107 he can "supervise" your flight and it's all legal. Getting a 107, IMO, is definitely worth it just for the additional knowledge you have - not to mention this wouldnt be a 2nd thought to film for you.

 

[Syphon]

If he has his 107 he can "supervise" your flight and it's all legal. Getting a 107, IMO, is definitely worth it just for the additional knowledge you have - not to mention this wouldnt be a 2nd thought to film for you.

Oh, interesting! Didn't know he could supervise me.

 

[Xclone]

Oh, interesting! Didn't know he could supervise me.

Yep, as long as he, as the licensed PIC, is in a position to take over the controls you can do all the flying yourself.

Fact Sheet – Small Unmanned Aircraft Regulations (Part 107)

 

[enohp15]

Once you get a 107, are all flights after that considered commercial? Or can you still fly the same UAV on weekends as recreational, and Monday to Friday as commercial????

I am in Australia, I ponder the same question with our ReOC.

 

[ThisIsCusel]

You can operate as a hobbyist even if you have your 107.

 

[richardhurst]

Its quite simple. If you get paid for any footage you have taken or even if you gave it away for free but the person you have supplied the footage to uses it to promote their business in anyway then you need a license

 

[frankiez]

This whole thing is a very grey area. If you fly for someone and give them that footage and they DONT use it to promote anything, but down the road they decide they want to use it to promote their business, NOW WHAT?