Can you reuse old material?

[Drestin Black]

I’m SURE this won’t generate any debate but I have yet another legal question. (And, let me say, I’m sincerely seeking education and shared knowledge, it’s not about trying to game the system.)

So, two years ago, with your $5 FAA registration in hand, you take your drone out and fly it at night (and obey all other rules and guidelines, but enjoy that exception) and capture some nice photos and video. 100% purely for your personal recreational enjoyment. Period. You, at that time, weren’t even considering to become a for-pay drone pilot. You publish it publicly on YouTube (also firmly establishing when it was produced).

Now, you have your p107 and fly responsibly for your new business. Can you use that old footage in your business? It was obtained legally. I don’t believe there are any laws regarding what you show, only how you go about flying to subsequently get it.

Thanks in advance for your comments - please try to read what others wrote before possibly repeating it in your own comments.

 

[MapMaker53]

Well, the general rule when flying is, what is the intent.. recreation or commercial? Clearly, the original intent in this example was recreational, but once you have your Part 107 it is probably fine to use past recreational photos for business. I don't think any regs address that situation and I doubt the FAA cares once you've obtained Part 107 status. And it's probably because they have more important things to worry about.

 

[BigAl07]

Data captured (video or still) during a Hobby Flight can be used for commercial operations so long as the true INTENT of the flight was hobby. Once or twice and this "INTENT" loop hole could be used but if a Hobbyist continued to "incidentally" capture data to be used I would image the FAA might take exception. But how could they prove otherwise?

Anyway to answer your question, YES data collected before your Part 107 can be used later so long as it was originally collected within the rules at that time.

You're good to do IMHO.

 

[mdasbach]

Both reply's above are the same as what I understand too. If you want the official ruling, you can call the FAA at (844) 359-6982 and ask them. I have done this on a few occasions and they have been very friendly and professional.