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Taking credit for photos / publishing photos.

Discussion in 'General Discussion' started by Adam Mullins, Aug 28, 2015.

  1. Adam Mullins

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    Recently a couple colleges / high schools have been wanting my photos just a good marketing tool for their school system and sports.. I've taken alot of shots but don't know how else to proceed. I've only asked for credit for the photos which I believe is still legal to my standards but I'm not sure how Uncle Sam feels about the issue. I can't sell the photos so thats obviously out of the question.

    Thoughts? I remember seeing a post awhile ago about a user posting steps talking about this same topic but I can't find it. I've researched the 333 exemption but that seems to be a pain in the *** for what it's worth.
     
  2. vgt

    vgt

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    Just watermark them and provide them for free, or charge them, whatever. Nothing's going to happen. Things 'could' happen, but they don't.
     
  3. Adam Mullins

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    Can't tell if this is sarcasm or not ha.. Excuse my ignorance towards this topic because I know it's avoided for the most part.
     
  4. jason

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    Here is he means watermarking your photos so they cannot be copied without your permission.
    Beach with watermark.jpg
     
  5. LUISMARTINEZ

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    Call the FAA
     
  6. Adam Mullins

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    Jason I know what a watermark is.. Ha I was talking about the other comment
     
  7. Mal_PV2_Ireland

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    If you can get paid take it. It's not like they are going to rat you out. If you want to give them for free watermark a logo on them.
     
    acherman and dirkclod like this.
  8. vgt

    vgt

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    It's fine. It's against the regulations, and technically not permitted, but nobody has actually been penalized for it. They tried to fine one guy, and it was overturned.

    Don't do this. EOD!
     
    Youngbill likes this.
  9. ianwood

    ianwood Taco Wrangler
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    It you take a picture for your own personal use, your flight is considered amateur use. This is true even if someone offers to license the picture from you after the fact.

    If you take a picture with the intention of selling it, your flight is considered commercial use.

    It is a subtle but important distinction.
     
  10. Adam Mullins

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    So basically what you are saying vgt's comment is a load of rubbish. ha
     
  11. LUISMARTINEZ

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    He's saying it's easy to give advice when you have no skin in the game. None of the "ignore the rules crowd" is going to pay for your attorney...
     
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  12. 750r

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    If it helps last year I did some video for a collage making a short film for a project they plastered my name in the credits no suits came to my door .
     
  13. LUISMARTINEZ

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    Did you think the NSA is watching every Quad flier ready to report to the FAA? Is not an issue until it becomes an issue...
     
  14. Quadcopter102

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    Realistically you could sell and have no issues because it's not worth the cost of getting proof etc. the problem is...IF something happened during an over flight getting still or vid...and as a result there were person or property involved a police investigation may result. Now if a person was hurt...compensation sets in....the college would deny they "employed" you! You face the costs.
    But put your pics on eBay and tell them where they can be found. As for getting permissions...you could start at first light before to many people are about!
    It is at times more trouble than it's worth and Robin Hood never made a penny profit for his helping others!
     
    LUISMARTINEZ likes this.
  15. Clipper707

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    Being paid for pics/videos you posted does NOT constitute commercial flight if the intent of the flight was recreational/hobby.
     
    dirkclod and ianwood like this.
  16. vgt

    vgt

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    No, it's not 'rubbish'. If you want to be entirely compliant with the regulations in place, then obtain a sport pilot certificate and obtain a 333 Exemption (mine is pending). The reality though, is that there are literally thousands of drone operators around making money off their work. It's not 'legal', but there are currently no consequences involved.

    How, exactly, do I have no skin in the game? And what attorney would I be paying for? The one to represent me when nothing happens?
     
  17. LUISMARTINEZ

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    Then you would have no objection to closing every advice to neophytes telling them to ignore the rules and fly commercially with:" I will pay for any attorney fees you may incur in following my advice." It's called putting your money where your mouth is."
     
  18. Quadcopter102

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    I have to disagree.
    Long ago as a "keen amateur" photographer with two young kids and a wife to support, I started developing other peoples films and printing postcard size photo's. Later I progressed to any occasions and weddings - at first people who knew me or their friends... then a pro hired me as a "wedding operator" He supplied the film.. I went to the wedding location - took all the pictures - handed in the exposed film with any notes he needed on exposure etc,. and got paid.

    Eventually somebody informed the tax office!
    I was also getting involved in oval track racing and selling prints on the circuits... and even having pix published in motor magazines. I got a visit from the tax man.
    and my argument - same as yours... was laughed at! But you are acting as a professional photographer and getting paid - and not declaring your extra income!
    I said in which case.. if you class me as a business...I can claim costs on motoring, camera and all materials I use - to offset against my income!
    He went away to leave me in peace - not because I was going top come out of it better off... but because it was not worth his effort on small cash values.

    This was the English Inland Revenue as was. You sell something on a regular basis...its a job and if you get income you should declare it on a tax return.. the smart thing is to claim all expenses involved including snacks and meals!
    You make additional income - best declare it before your friends do!
    That's the tax situation... but the other real issue is using a "drone" while without insurance and proper certification. Officialdom is not interested in your tax situation..its acting as a professional.
    Which is why their is an increasing number on these forum who are getting into in that side of things..to go pro and make money.
    ( sorry its a bit long winded.. but I needed to demonstrate how I understood this aspect.)
     
  19. ianwood

    ianwood Taco Wrangler
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    You can disagree all you like but as far as the FAA is concerned, what Clipper707 said is exactly correct. I don't think anyone is asking about taxation.

    Adam, if someone has approached you to buy your material that you shot for your own personal enjoyment, you are free and clear to sell it to them.
     
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  20. Quadcopter102

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    We are not talking about selling the odd print to a friend - we are talking about a college paying for prints - which they can use how they wish and even sell on - unless a copyright restriction was advised in the purchase.
    As I said.. do that and have a crash - falling onto a parked car.. maybe hitting a person while on the college grounds - have I got it wrong or have all the "No WIn - No Fee" lawyers retired in the USA? Have accident victims all decided to live and let live... aw shucks ..the kid is just making a few buck selling his pix??

    My experience about the tax situation - was to demonstrate that amateurs earning money from hobbies can be classed as "professionals".

    Because I have no interest in getting FAA or whoever certificated to hire out as a professional drone pilot - in accordance with regulations and why a lots on this forum are doing so - I have not delved into it. BUT I understand the basics are that it is illegal to take on paid work without the required certification. Selling "photo drone" still images photo or video content for payment when not being certificated - will be deemed illegal. If it were not so.... why would anybody go to the expense and effort getting the correct documentation to qualify them to hire out professionally?

    When I visited the local dealer selling P3s I picked up a leaflet.. which states:

    IT IS ILLEGAL TO FLY FOR MONEY - or economic reward- UNLESS you hold a UAV operators certificate- issued by the Civil Aviation Safety Authority (CASA).

    Granted this is in Australia - is it different in the USA??