So if I fly over my home and record video, upload that video as a hobby and then a screenshot is captured and used in a house listing. That would be illegal?! That sounds ludicrous!
So if I fly over my home and record video, upload that video as a hobby and then a screenshot is captured and used in a house listing. That would be illegal?! That sounds ludicrous!
Oh you're very VERY correct there. Take my advice for what you paid for it and at the end of the day it's your/their neck on the line right or wrong.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.
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.
You can be "Granted" a Section 333 Exemption without one. For instance the owner of a company can get "Granted" the 333 Exemption but in order to fly within the requirements of that 333 Exemption the Pilot In Command (at the controls of the aircraft) has to have a min of Sport Pilot rating and be CURRENT in that rating. Many MANY people have the 333 Exemption who do not have a pilot certification but they "hire" the flights out or they simply fly outside of the regulations.There are a few new "businesses" here in my town offering "drone photography" for real estate and surveying purposes. I have met one of the guys, and I am almost certain this guy didn't take the time (or money) to get a sport pilot license. If I understand correctly, you have to have (at minimum) the sport pilot license to get the 333 exception, am I right? How are these guys getting around it?
You can be "Granted" a Section 333 Exemption without one. For instance the owner of a company can get "Granted" the 333 Exemption but in order to fly within the requirements of that 333 Exemption the Pilot In Command (at the controls of the aircraft) has to have a min of Sport Pilot rating and be CURRENT in that rating. Many MANY people have the 333 Exemption who do not have a pilot certification but they "hire" the flights out or they simply fly outside of the regulations.
There are several FB pages that might be of help. One of them is "FAA Section 333 Exemption" and I'm sure there are several "Realtor" related sites. This one would be a good one to keep an eye on:Its just insane. I bet more than half of us can fly circles around the faa. I get they want to keep as much order as they they can but geeezez cant take a picture of a house that is up for sale. Its ridiculus..
Anyone know of a way to keep up with this such as a realtor News page or whatever..?
Oh you're very VERY correct there. Take my advice for what you paid for it and at the end of the day it's your/their neck on the line right or wrong.
But with that being said I would almost bet a week's paycheck that if you were to contact an aviation attorney (I can give you several references) who is current and in the know they can verify what I said above. Intent of the flight is where the rubber meets the road. If the homeowner had pictures they took previously during a hobby flight and after that the house goes on the market then the Realtor can use them w/o legal problems. If the homeowner took the pics solely for the purpose of giving them to the Realtor to use then that's a violation of the FAA regulations.
While I agree that "flying and aircraft is nothing like flying a quad" the point to the PL requirement is purely about National Air Space, tower communications, and Wx issues. If you have zero training in these matters how in the world are you to know how to find what airspace you're in? How do you know who to contact if you are going to flying within X miles from an airport? Some type of "training/certification" is needed and until the FAA creates a UAS specific course the PL rating is the only thing that satisfies the requirements set forth by Congress.
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.
That should be OK.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.
Are you in the USA or somewhere else?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.
OOOhhhhh... that sounds GREAT to meHi 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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So if I fly over my home and record video, upload that video as a hobby and then a screenshot is captured and used in a house listing. That would be illegal?! That sounds ludicrous!