With all the law changes,can I sell a photo taken for hobby purposes?

[offtheback]

Or can I give it to a town to use on their annual report for free?

 

[brett8883]

Or can I give it to a town to use on their annual report for free?

You can’t fly a mission for any other purpose than your own personal enjoyment unless you have a 107 certificate. If you give or sell a photo afterward is irrelevant, it only matters what your intention is at the time of flight.

 

[msinger]

I'm not sure which law changes you're referring to, but nothing has changed in regard to selling photos. The law still states what @brett8883 described above.

 

[Lastrexking]

In what country? You don't tell us where you are in the World, and this is an international forum.

 

[msinger]

You don't tell us where you are in the World

@offtheback lives in the US.

 

[Lastrexking]

@offtheback lives in the US.

Brill.

I couldn't tell as it's not in their profile box on the post.

 

[msinger]

I couldn't tell as it's not in their profile box on the post.

I hear you. It would be nice if everyone added their location.

 

[old man mavic]

I hear you. It would be nice if everyone added their location.

it would indeed, several times the mods have asked for people to include their location , maybe it should be a mandated field in the set up process

 

[waylander]

Hi Everyone
On point of topic, does anyone know the UK regs regarding the uses of non commercially acquired video..?

Correct me on this point if I am wrong, but I understand that a video or photos taken by an organisation/business can be used for self promotional purposes even though it was recorded by a non-commercial pilot.

For example..... video and photos taken of a small agricultural show, run by a charitable organisation, recorded by a non- commercially qualified pilot, which the charity then uses on its web site for promotion of its work.

Opinions please...

Waylander

 

[Dedal]

I hear you. It would be nice if everyone added their location.

Why? There are enough places where you MUST do something. I thought this is where we exchange info, ask and answer questions... If I ask country specific question, then yes, it would be helpful to know where you are to be able to answer it (like OP did, but didn't say where he lives). But if someone asks simple question about software or codec or just an opinion on equipment, photo, video... Something... I don't need to know his (hers) location. Sorry, but I disagree with "must know everything" attitude. Just my opinion.

 

[Deleted member 114292]

You can’t fly a mission for any other purpose than your own personal enjoyment unless you have a 107 certificate. If you give or sell a photo afterward is irrelevant, it only matters what your intention is at the time of flight.

It does not matter what your intention was as the time of the flight. If you are not a 107 certified you can not use it for commercial purposes.
Having said that, it can be debatable as to whether your town's annual report is commercial or not and really I doubt it would matter.

 

[Congoblue]

Hi Everyone
On point of topic, does anyone know the UK regs regarding the uses of non commercially acquired video..?
Correct me on this point if I am wrong, but I understand that a video or photos taken by an organisation/business can be used for self promotional purposes even though it was recorded by a non-commercial pilot.
For example..... video and photos taken of a small agricultural show, run by a charitable organisation, recorded by a non- commercially qualified pilot, which the charity then uses on its web site for promotion of its work.
Opinions please...

As I understand the rules in the UK, this is not the same as the "intent of flight" US rules. In the UK you must hold PfCO if you supply drone video or photos "in return for remuneration or other valuable consideration" as stated by the CAA here

Commercial industry | Civil Aviation Authority

Ensuring the highest standards

www.caa.co.uk

The actual purpose of your flight at the time of the flight is not relevant in the UK, it's just what you do with the media afterwards.

So in your example above if the video/photos are provided for free with no bartering or other "valuable consideration" then that would be ok under the rules. Though the CAA page then goes on to give a very similar example and says it would only be ok if the drone is operated by staff of said charitable organisation, i.e. self promotion. So it is a little unclear if you as a 3rd party give them video of their event to use for their website. I don't think they are going to be coming after you.

 

[brett8883]

It does not matter what your intention was as the time of the flight. If you are not a 107 certified you can not use it for commercial purposes.
Having said that, it can be debatable as to whether your town's annual report is commercial or not and really I doubt it would matter.

This is incorrect

 

[PhantomFandom]

it would indeed, several times the mods have asked for people to include their location , maybe it should be a mandated field in the set up process

ABSOLUTELY! It comes up so often, and gets tiring having to ask a person where they are located so that a question can be answered.

Why? There are enough places where you MUST do something. I thought this is where we exchange info, ask and answer questions... If I ask country specific question, then yes, it would be helpful to know where you are to be able to answer it (like OP did, but didn't say where he lives). But if someone asks simple question about software or codec or just an opinion on equipment, photo, video... Something... I don't need to know his (hers) location. Sorry, but I disagree with "must know everything" attitude. Just my opinion.

Yes it is your opinion and @old man mavic has his. I happen to agree with him. Adding your location is beneficial. No one is asking for your street address! However knowing your country at the very least and perhaps state (province) would help a lot. If you are one who frequently answers questions on these forums, it gets tiring constantly having to ask where someone is in order to get enough information to answer. Remember no one gets paid here to answer questions, so why make the task any more time consuming than it needs to be?

 

[Vic Moss]

It does not matter what your intention was as the time of the flight. If you are not a 107 certified you can not use it for commercial purposes.
Having said that, it can be debatable as to whether your town's annual report is commercial or not and really I doubt it would matter.

That is the exact opposite of the rules here in the U.S. Intention at time of flight is the determine factor is whether or not you can sell imagery taken during a Part 101 or Section 349 flight. It is perfectly legal to sell your imagery after the fact.

This interpretation comes directly from the Media Use of UAS, published 5/5/15. You can find the memo here: https://www.faa.gov/about/office_or...iams-AFS-80 - (2015) Legal Interpretation.pdf

 

[PhantomFandom]

It does not matter what your intention was as the time of the flight. If you are not a 107 certified you can not use it for commercial purposes.

Sorry but that is completely incorrect. Part 107 requirements are based solely on the INTENT of the flight at the time the flight was undertaken. A RPIC can at a later time use the picture for commercial purposes and it is totally legal.

Having said that, it can be debatable as to whether your town's annual report is commercial or not and really I doubt it would matter.

Unfortunately also incorrect. A town's annual report is definitely considered "commercial" for these purposes. If the intent of the flight was to take pictures for the annual report then it does require a Part 107 license.

 

[BigAl07]

It does not matter what your intention was as the time of the flight. If you are not a 107 certified you can not use it for commercial purposes.
Having said that, it can be debatable as to whether your town's annual report is commercial or not and really I doubt it would matter.

Sorry bud but BOTH of those comments are incorrect as you've written them.

1)

It does not matter what your intention was as the time of the flight. If you are not a 107 certified you can not use it for commercial purposes.

The FAA doesn't mandate what you do with the pics. They are only concerned with the flight and the INTENT at the time of the flight.

A hobby operator can capture DATA for Hobby/Recreational purpose and then after the flight realize "Oh I captured something cool/News Worthy/Of Value" and donate it, give it, SELL it or whatever. It's about the INTENT of the FLIGHT! (Although if a Hobby/Recreational operator has repeat instances of this happening they might be called to the carpet... or they might not... who knows for sure?)


2)

Having said that, it can be debatable as to whether your town's annual report is commercial or not and really I doubt it would matter.

You can not Hobby/Recreate for someone else. It doesn't matter if their use is for PROFIT or not. An organization/company/dept can not solicit you to do something for them because FOR THEM removes the Hobby/Recreational protection. If your INTENT at the time of the flight was to "Create Content" for them then the flight is Part 107 and not Hobby/Recreational.

Think of the Hobby/Recreation carve out as a Protective Bubble to keep you from having to fly within Part 107 Regulations. If any part of your flight (and flight only) does not fit 100% within that Protective Bubble the bubble is pierced and you're operating under Part 107 (Civil Operator) by default.

 

[Not A Speck Of Cereal]

It would be more convenient if everyone listed their location, yes. But forcing this as a requirement for having an account here would push some people away, unnecessarily. These are the days of information gathering for marketing purposes, so such a requirement leaves a bad taste in some people's mouth ... just for our ease and comfort? I vote no, do not make this a requirement.

On Topic: I've taken a few shots, all recreational, that turned out to be big hits. If I ever decided to set up a booth at an art fair to sell large prints of them, boy would it ever suck if my government required that I get a part 107 (with all the prerequisite studying) and also go out and reshoot the image with commercial intent, just to make a few bucks with it.

Chris

 

[old man mavic]

i completely fail to see that saying i live in Wales, Or Canada, or the north pole, is going to cause any issues to me personally, having just the UK as location helps when it comes to answering questions on this forum, instead of having to guess the OPs location, the days when everything we did was private,ended with the internet and mobile phones, now we are captured on cameras hundreds of times a year, as we move around ,which is ironic when people complain about drones filming them.

 

[Not A Speck Of Cereal]

And yet, forcing someone to add location as a hard requirement is not something that even Facebook does.