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Realtor Using Owners Drone Pictures

Discussion in 'General Discussion' started by iamscoobydoo, Jan 11, 2016.

  1. iamscoobydoo

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    If a realtor was listing a house and the owner provided a picture He/She took from a drone could it be used? Many homeowners provide pictures to realtors of when the flowers were in bloom or when the pool was not covered. If not what law is being broken.
     
  2. 480sparky

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    Commercial use as defined by the FAA.
     
  3. Noble 1

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    It's considered breaking the rules even if the home owner or 3rd party provided photos to a realtor?
     
  4. tcope

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    Yes. Who would be charged might be in question. The bigger problem with realtors is that their competition will file a complaint against the realtor with the FAA.
     
  5. BigAl07

    BigAl07 Moderator
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    Negative. If the home owner took the images without intent to use them in the listing then it's not considered "Commercial". Intent of flight is the key to determining intent.

    Initially ANY use of an aerial image from a MR was considered "Commercial" but it's been revised to be "Intent of the flight". So if homeowner simply had pics on hand from a flight and gave them to the Realtor then that's fine. The intent of the flight was indeed a HOBBY flight.

    Now if the homeowner took the images specifically for use by the Realtor then that is indeed Commercial operations due to "Intent" of the flight.
     
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  6. snerd

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    You're getting into the "sticky" area here. I wouldn't take any advice from an Internet forum if you think there might be the slightest doubt. Contact an attorney. Not that Al doesn't know his stuff, but I bet he wouldn't be there to pay your fine if the FAA decided it was commercial use.
     
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  7. wju

    wju

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    Hi all, I am a licensed sport pilot and have the FAA 333 exemption so I know a little about this as I fly commercially. It is against the law to use any aerial photographs or video of real estate in the process of selling. This is all a crazy set of laws especially having to have a pilots license to fly drones commercially. This is supposed to change by 2017 Spartan you will no longer need a pilots license to fly a drone for commercial purposes, The FAA will instead require a written test and proficiency in flying test.


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  8. Jorgejim90

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    What??? Really it is 100% illegal to take a photo of a house for selling purposes. Bo way around..
     
  9. 480sparky

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    So if a Realtor called you up, you'd have to decline a photoshoot of a high$ house because it's illegal?
     
  10. Jorgejim90

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    I think its wrong, i know plenty of companies that do it. Just saying
     
  11. wju

    wju

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    It is not illegal if you meet all of the FAA rules, i.e.: you have to have a 333 exemption which if you file for it yourself it is possible but unlikely you'll get it. I paid an attorney $1500.00 for him to handle it for me without that exemption your dead in the water and face heavy fines. Look up a company called Sky Pan , the FAA fined them $1.2 million dollars for taking pictures and videos for profit. Other than the exemption you'll need to have at least a sport pilots license or hire someone who does to fly your drone ! You'll also need commercial liability insurance which you have to show that you've been through a certified drone safety course. Then you have to maintain aviation logbooks of each flight, maintenance etc.
    ,I'm not feeding you a bunch of crap, I'm just telling what it took me to be able to fly a little drone for profit. Do the research and see. Flight school, equipment, cameras, drones I easily have $10,000-$15,000 invested. But on the upside I charge $300 an hour or $1500.00 for half day of filming so the cost outlay is worth it.



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  12. wju

    wju

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    Yes I agree it's wrong, the government has their hands on everything the public does or wants to do. The laws the FAA has imposed on us for just wanting to have a decent living is ridiculous but what are we to do. Face heavy fines or go into debt just so we can do what we love and make a little money. Imagine if we didn't have these restrictions then anyone could do a lot of good and provide a lot of services not for $300 hr but $50 hr and still make good money. I am fortunate I am a veteran and the VA picked up a lot of my flight training


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  13. wju

    wju

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    Everything I've read though seems to point to the FAA reversing the pilot license next yr and things will become easier


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  14. TheRealNick

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    How many hours can you get a week at $300? I found a going rate here is $400 a house with realtors, but not sure how many houses I can book per day or hours...
     
  15. wju

    wju

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    I will travel up to 3 hrs away so I usually do on average 4-5 per week. Another thing that I do is a few days before the shoot I send someone out and place a flyer at each house that may be in the shoot which states my name, what we're doing on what day between what hours and my phone number that they can call if they have questions. I find that this solves a lot of problems if someone hears a drone overhead.


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  16. wju

    wju

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    And I know there are people that do this without the exemptions but I'm not one for taking chances and getting caught.


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  17. Helijoc

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    This scenario is splitting hairs. Use the owner's pictures.
     
  18. Jorgejim90

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    Thats some good info but it says that they being fined for flying in restricted airspace in a reckless maneer,

    NEW YORK – The U.S. Department of Transportation’s Federal Aviation Administration (FAA) today announces the largest civil penalty the FAA has proposed against a UAS operator for endangering the safety of our airspace.

    The FAA proposes a $1.9 million civil penalty against SkyPan International, Inc. of Chicago. Between March 21, 2012, and Dec. 15, 2014, SkyPan conducted 65 unauthorized operations in some of our most congested airspace and heavily populated cities, violating airspace regulations and various operating rules, the FAA alleges. These operations were illegal and not without risk.

    The FAA alleges that the company conducted 65 unauthorized commercial UAS flights over various locations in New York City and Chicago between March 21, 2012 and Dec. 15, 2014. The flights involved aerial photography. Of those, 43 flew in the highly restricted New York Class B airspace.

    “Flying unmanned aircraft in violation of the Federal Aviation Regulations is illegal and can be dangerous,” said FAA Administrator Michael Huerta. “We have the safest airspace in the world, and everyone who uses it must understand and observe our comprehensive set of rules and regulations.”

    SkyPan operated the 43 flights in the New York Class B airspace without receiving an air traffic control clearance to access it, the FAA alleges. Additionally, the agency alleges the aircraft was not equipped with a two-way radio, transponder, and altitude-reporting equipment.

    The FAA further alleges that on all 65 flights, the aircraft lacked an airworthiness certificate and effective registration, and SkyPan did not have a Certificate of Waiver or Authorization for the operations.

    SkyPan operated the aircraft in a careless or reckless manner so as to endanger lives or property, the FAA alleges.

    SkyPan has 30 days after receiving the FAA’s enforcement letter to respond to the agency.
     
  19. bluntnose

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    @ wju: That sounds like a very wise thing to do (the flyer distribution just before flight), kills about 3 birds with 1 stone. Kudos
     
  20. Helijoc

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    I would welcome them taking the aircraft currency out of it. I would qualify if it were not for that requirement. Don't see the point of having to spend a couple thousand to rent a helicopter and CFI. There is nothing about being current that would benefit safety flying a quad. Two different animals.