Operating for Free? P3S

  • Like
Reactions: mactech
I am a hobbyist with a P3S. I have been approached by local clubs and schools programs asking if I can shoot footage for them. Neither myself or the organizations would be receiving compensation or profit from the footage. Is this considered as using the drone for commercial purposes?
No
 
It's no different than taking wedding photos for a friend for free.
 
Just be sure to have permission of whoever owns the land and whatever people you're flying over. Verbal permission is enough.
 
Since you'd be breaking a US law, it could easily make it to court if the FAA wanted to come after you.

I'm not a lawyer either, but I think you should find another lawyer :)
LOL! Thanks for the morning chuckle :)
 
Since you'd be breaking a US law, it could easily make it to court if the FAA wanted to come after you.

I'm not a lawyer either, but I think you should find another lawyer :)
Oh ya.. I forgot, land of the free, but it's getting kind of hard to tell from the outside.
 
Hey FAA...come get me with your "guidelines". I think IRS LAW supercedes the FAA "best practices". I'll sell my photos to whoever the hell wants them because it's just fun everyone wins...just like wedding photos for a friend or paying a friend some cash to play music at a wedding or funeral.

Years ago, there was a private pilot here who just took a bunch of photos of peoples houses (rural area) and went around door to door showing them and asking if they want to buy the pictures. Who gives a crap? It wasn't his main income-just doing for fun and for how cool it was. He was unsolicited.
 
I think IRS LAW supercedes the FAA "best practices".
When you start flying commercially, there are actual US laws you must follow. The IRS does not control the airspace, so their laws most certainly do not supersede the FAA's laws.
 
  • Like
Reactions: GoodnNuff
I agree with mactech and even mentioned it a while back, even if you charged a bit if you don't make enough to break the IRS hobby rules it is hard to say you have a commercial operation. If you are not allowed to deduct your expenses to me it is hard to say you have a commercial operation going, you can't have two different classifications. Keep in mind this means you made less than about $1200 with a Phantom 3...
 
I agree with mactech and even mentioned it a while back, even if you charged a bit if you don't make enough to break the IRS hobby rules it is hard to say you have a commercial operation.
The law does not speak about hobbies. It states you may not partake in "air commerce" without an airman certificate. As far as I know, there is no dollar limit to whether or not you're partaking in air commerce. You're either doing it or not doing it.
 
The law does not speak about hobbies. It states you may not partake in "air commerce" without an airman certificate. As far as I know, there is no dollar limit to whether or not you're partaking in air commerce. You're either doing it or not doing it.
eCFR — Code of Federal Regulations
According to this link, "air commerce" refers to: the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation.

If you are doing this for fun (i.e. a hobby) then it is not a business or vocation and would therefore not be under the jurisdiction of the "air commerce" law even though you are under the jurisdiction of FAA guidelines for safe FLYING.
 
If you are doing this for fun (i.e. a hobby) then it is not a business or vocation and would therefore not be under the jurisdiction of the "air commerce" law even though you are under the jurisdiction of FAA guidelines for safe FLYING.
You should try your hand at battling that point with the FAA's lawyers. I tried and got nowhere with them.
 
I think whole thread goes to prove that the FAA has no clue what they are doing and don't REALLY know how to implement ANY of this properly whilst integrating it with existing commerce laws and IRS regulations. ;)
 
whilst integrating it with existing commerce laws and IRS regulations
I'm thinking the FAA is not paying much attention to IRS regulations. Nor do they probably care if people are following the IRS's regulations. The two are completely separate entities.
 
I think whole thread goes to prove that the FAA has no clue what they are doing and don't REALLY know how to implement ANY of this properly whilst integrating it with existing commerce laws and IRS regulations. ;)
No, I think this thread proves how ignorant some are of the laws and of the FAA's jurisdiction.
 
No, I think this thread proves how ignorant some are of the laws and of the FAA's jurisdiction.
Just. ****. At one time, you and I were butting heads. Now we're in complete agreement. What the hell happened?! :eek:

All of you readers should take note........................ those wanna-be lawyers here are just posting emotional rants, expressing their displeasure with the new requirements. I would not let their "advice" influence any attempt at making money from selling photos from your Phantoms. If you want to sell photos, you "must" get a 333 exemption. Period. Are there people doing it without getting it? Sure. Do you want to take the chance? It's up to you. Get it, or don't. You're still free to make that decision.
 
  • Like
Reactions: msinger and BigAl07
Not that I have ever sold or would want to sell anything, but as a HOBBYIST I'll take the chance and GIVE away whatever the hell I want. I am WELL versed on copyright laws, thank you. ;)
 
No, I think this thread proves how ignorant some are of the laws and of the FAA's jurisdiction.
Sorry, totally disagree. Remember...I can in America. ;) Looking forward to seeing the first lawsuit against a friend taking an aerial photo of his farm for his buddy. Don't think so...
 
Not that I have ever sold or would want to sell anything, but as a HOBBYIST I'll take the chance and GIVE away whatever the hell I want. I am WELL versed on copyright laws, thank you. ;)
Well of course you can give away whatever you want to. And no one was talking about copyright laws that I remember. This is all about profiting from your Phantom. If you're talking about something else, then I misunderstood.
 
  • Like
Reactions: TheTanger

Recent Posts

Members online

No members online now.

Forum statistics

Threads
143,086
Messages
1,467,525
Members
104,965
Latest member
cokersean20