Welcome to PhantomPilots.com

Sign up for a weekly email of the latest drone news & information

Canada - Giving footage/photos to people to use commercially

Discussion in 'General Discussion' started by Jebus, Apr 28, 2014.

  1. Jebus

    Joined:
    Dec 6, 2013
    Messages:
    296
    Likes Received:
    0
    Just wondering what people's thoughts were in regards to giving someone either footage or pictures taken with a quadcopter in Canada. Can they legally use them for commercial reasons (eg; selling their house) - as long as I wasn't paid for it?
     
  2. xenon

    Joined:
    Apr 14, 2014
    Messages:
    34
    Likes Received:
    2
    Location:
    Mississauga, Canada
    Re: Canada - Giving footage/photos to people to use commerci

    Subscribed.

    I bought my P2V+ specifically to take pictures of homes for real-estate agents.
     
  3. Jebus

    Joined:
    Dec 6, 2013
    Messages:
    296
    Likes Received:
    0
    Re: Canada - Giving footage/photos to people to use commerci

    Yup. I was hoping to do a little work on the side as well, but it sounds like there's just too much red tape to go through just to do a quick filming or photo session. Lame.
     
  4. xenon

    Joined:
    Apr 14, 2014
    Messages:
    34
    Likes Received:
    2
    Location:
    Mississauga, Canada
    Re: Canada - Giving footage/photos to people to use commerci

    What exactly are you referring to?

    I had no idea it was illegal to take a picture with a rc helicopter.
     
  5. Jebus

    Joined:
    Dec 6, 2013
    Messages:
    296
    Likes Received:
    0
    Re: Canada - Giving footage/photos to people to use commerci

    Same thing as you... maybe do some work for realtors or other commercial ventures.
     
  6. doug86

    Joined:
    Apr 26, 2014
    Messages:
    290
    Likes Received:
    1
    Location:
    Bi-Polar
    Re: Canada - Giving footage/photos to people to use commerci

    IT's not, but it's illegal to fly the thing for commercial purposes...
     
  7. Cr8tive_leo

    Joined:
    Feb 6, 2014
    Messages:
    255
    Likes Received:
    1
    Location:
    Ontario, Canada
    Re: Canada - Giving footage/photos to people to use commerci

    Lol, everyone wants to do it now... lol...

    You need to register your flights and get a SFOC, special flight operations certficate.

    Get MAAC too.

    Follow the rules for commercal use.

    ...'
    Section 602.41 of the CARs states, no person shall operate an unmanned air vehicle in flight except in accordance with a Special Flight Operation Certificate (SFOC). Section 623.65 outlines information that should be submitted when making an application for a SFOC. Be sure to make your request as early as possible and provide as much information as possible. You must be able to demonstrate the predictability and reliability of the unmanned air vehicle, essentially that it has the ability to perform in the desired environment. The requirement for a SFOC is intended to ensure the safety of the public and protection of other users of the airspace during the operation of the unmanned air vehicle.

    You need to contact Transport Canada for the latest details but in a nut shell you need to fill out a document explaining all your operation , craft, safety, checklists, procedures, insurance, skills, ... (this can take up to a month to obtain if it's all done correctly)
    Then once they grant you the certificate you still need them to clear / approve your flight plan every times you have a job to do (may require 2 weeks to do it). Once you get more flights done and they start to know you they MIGHT AT THEIR DISCRETION grant you a blanket flight statement allowing you to fly when you want / where you want (but still not breaking the law)
    They will know already that they can have confidence in you not flying in potential dangerous situation if they issue a blanket statement and from time to time they may ask for flight logs and recorded videos.

    Not complying to the above may result in a fine to pay and equipment seizure. Plus these rules are really there to make sure you have a good judgment operation your craft and that you will never expose the general public to the risks associated to operating these type of crafts.

    Be Safe, Be smart and keep having fun!
    '...
    '

    http://www.tc.gc.ca/eng/civilaviation/s ... v-2270.htm

    http://www.priv.gc.ca/information/resea ... 1303_e.asp
     
  8. Jebus

    Joined:
    Dec 6, 2013
    Messages:
    296
    Likes Received:
    0
    Re: Canada - Giving footage/photos to people to use commerci

    Red tape.
     
  9. Jebus

    Joined:
    Dec 6, 2013
    Messages:
    296
    Likes Received:
    0
    Re: Canada - Giving footage/photos to people to use commerci

    Back to my original question though...

    If I took a picture of someone's house (for free) and they used it to sell their house, would this be considered illegal?
     
  10. xenon

    Joined:
    Apr 14, 2014
    Messages:
    34
    Likes Received:
    2
    Location:
    Mississauga, Canada
    Re: Canada - Giving footage/photos to people to use commerci

    I don't see why it would.

    Commercial purposes is usually when somebody is hired and money exchanges hands.
     
  11. canadavenyc

    Joined:
    Apr 16, 2014
    Messages:
    107
    Likes Received:
    2
    Re: Canada - Giving footage/photos to people to use commerci

    This is correct. If you fly a UAV and do not experience ANY commercial gain for yourself, no matter how direct or indirect that gain may be, then it's okay. If you DO have some kind of commercial gain involved in your flight, then as others have stated, you need to have an SFOC from Transport Canada for EACH flight IN ADVANCE.

    I've done quite a bit of research on this and am in the process of starting an aerial photography company here in Canada. There is indeed quite a bit of red tape involved, and yes it is a hassle. People need to think long and hard before trying to do any commercial ventures.
     
  12. xenon

    Joined:
    Apr 14, 2014
    Messages:
    34
    Likes Received:
    2
    Location:
    Mississauga, Canada
    Re: Canada - Giving footage/photos to people to use commerci

    There's gotta be some type of legal loophole around this issue.

    Take the pictures for free and only charge them for editing the raw footage?
     
  13. Jebus

    Joined:
    Dec 6, 2013
    Messages:
    296
    Likes Received:
    0
    Re: Canada - Giving footage/photos to people to use commerci

    Thanks for the confirmation/clarification canadavenyc.
     
  14. Jebus

    Joined:
    Dec 6, 2013
    Messages:
    296
    Likes Received:
    0
    Re: Canada - Giving footage/photos to people to use commerci

    Ok... to dig up an old thread to pose another question...

    Say I had a realtor friend and I did a bunch of pics or videos for some of his listings. He wouldn't pay me - I'm just doing this as a favour. I'm sure someone somewhere (probably other realtors) would notice the aerial pics or footage and it would raise a red flag. What's stopping anyone from doing something like this then? Every realtor could have a 'friend' do the work for them.

    I see this as a very thin line. I also have friends that own their own businesses (even farmers) that would love to have aerial pics or footage of their business. Again, I'm not looking to be compensated for my time or work - I'm just helping out a friend with the tools I happen to have.

    Any thoughts?
     
  15. zenoshrdlu

    Joined:
    Apr 3, 2014
    Messages:
    91
    Likes Received:
    1
    Location:
    Totnes, Devon
    Re: Canada - Giving footage/photos to people to use commerci

    There's an excellent page about the use of 'drones' in Canada here
    http://www.priv.gc.ca/information/resea ... 1303_e.asp

    The key point is that if your purpose in flying is recreational (and your craft weighs less than 35kg) you don't need a licence. If your purpose in flying is NOT recreational, you do.

    So if you make a flight specifically to take photos of a neighbour's property because he wants to use them commercially, then I suspect even if he doesn't pay you, you are not flying recreationally. On the other hand, if he's noticed you flying around his property and asks you if you have any photos he could use, I suspect you're OK.

    Not being aware of the legislation that's in effect in your country is NOT going to stop you being prosecuted if you break it.
     
  16. Jebus

    Joined:
    Dec 6, 2013
    Messages:
    296
    Likes Received:
    0
    Re: Canada - Giving footage/photos to people to use commerci

    Great point zenoshrdlu. That's the kind of info/insight I was looking for. Thanks.
     
  17. zalph

    Joined:
    May 14, 2014
    Messages:
    15
    Likes Received:
    1
    Re: Canada - Giving footage/photos to people to use commerci

    But if you do the shots for him/her, and he/she does use them I am quite sure no one is going to come knocking. Except for potential house buyers.

    I wonder if there is a loophole for flying for the purposes of feature films. Currently the application to fly that you need to submit to Nav Can they say can take up to 20 business day to get approval. I don't know of many films/tv shows that will know they need a flying camera at a certain area a month from now.
    Its possible but rare.
     
  18. WPSPETE

    Joined:
    Jun 12, 2014
    Messages:
    202
    Likes Received:
    2
    Location:
    Vernon BC Canada
    Re: Canada - Giving footage/photos to people to use commerci

    I'm about to purchase a phantom for recreation and making money on the side. I've been in contact with tc a few times. It seems it may be tough to get rolling. They want to see an application for sfoc a few times before they issue you a blanket certificate. And you need liability insurance. From what I heard they are changing the rules within a year as well. I am not going to risk it, doing it by the book.