Hey Gadget Guy! I'm not getting this I don't guess. LOL. So why wouldn't a hobbyist just fly and always say that he was never intending to sell pics or footage from his flights? I didn't think a hobbyist could sell anything from our birds unless you had 107! I would also think that all the footage we have all obtained before we got a 107 should be saleable after you get the 107. How would they ever know what it was shot under?
Part 107 operate as hobbyist?
- Thread starter bstanton89
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The FAA has made it pretty clear that someone asking to buy your footage incidentally after the fact would be ok. But if you try it more than once or twice, you are setting a pattern that would make you look like its a business. As soon as you try to advertise, or set up price lists, etc. anything that looks 'commercial' you are out of the hobby arena. Is the FAA going to be actively looking for you? Probably not. But if someone reports you, or they come across a YouTube entry, they might take action. If it's blatant, you could be in for some healthy fines. Once you get the Part 107, no one is likely to ask about when pictures were taken, but they are dated in the exif file!
GadgetGuy
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As Richard R states, you may sell anything shot as a hobbyist, as long as your intent at the time of shooting was noncommercial. You can even actively market your hobbyist collection of footage, after the fact, as long as that was not your intent when it was shot. So, you only need the 107 if your intent at the time of shooting was commercial. If you already have your 107, it's a moot point. Without your 107, you shot everything as a hobbyist, so you can still now sell anything you want from that collection, as you had no commercial intent when it was shot. The only fly in the ointment with this wonderful business plan, with everyone getting a drone now (CostCo is selling Mavic Pro's for $989 in all the stores with a 90 return and free crash insurance---"Just bring us back the broken parts!" ---CostCo Warehouse manager quote from today!), your "unique", irreplaceable, one-of-a-kind drone footage from the past can now be replicated today by anyone else with a drone! Laws of supply and demand say it isn't worth much with an infinite supply available!
Wow! I appreciate the info for sure. I saw the Mavic Pro and the Phantom 4 Pro in Sams last week too! So crazy right! Insurance for 90 days free! Wow again!As Richard R states, you may sell anything shot as a hobbyist, as long as your intent at the time of shooting was noncommercial. You can even actively market your hobbyist collection of footage, after the fact, as long as that was not your intent when it was shot. So, you only need the 107 if your intent at the time of shooting was commercial. If you already have your 107, it's a moot point. Without your 107, you shot everything as a hobbyist, so you can still now sell anything you want from that collection, as you had no commercial intent when it was shot. The only fly in the ointment with this wonderful business plan, with everyone getting a drone now (CostCo is selling Mavic Pro's for $989 in all the stores with a 90 return and free crash insurance---"Just bring us back the broken parts!" ---CostCo Warehouse manager quote from today!), your "unique", irreplaceable, one-of-a-kind drone footage from the past can now be replicated today by anyone else with a drone! Laws of supply and demand say it isn't worth much with an infinite supply available!
GadgetGuy
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CostCo doesn't advertise it as free crash insurance, but, effectively, that's exactly what it is. If you crash it, just bring back the parts for a full refund within 90 days of purchase! Best Buy just implented a 15% restocking fee on all returned non-defective drones last weekend, and now refuse to match after tax prices from B&H and DJI, so CostCo is now a much better choice!
I wonder if CostCo prohibits flying the drones they sell from their warehouse parking lots....
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