No official would ever know what your intent of recording is. Big difference. Pretty risk free unless you want to explain the recommendations, rules and your intent of use to them... I don't see that happening. It's not even rolling dice.... Unless your dice has a million sides to it.
Threatening Email about FAA regulation
- Thread starter bassethoundeye
- Start date
No official would ever know what your intent of recording is. Big difference. Pretty risk free unless you want to explain the recommendations, rules and your intent of use to them... I don't see that happening. It's not even rolling dice.... Unless your dice has a million sides to it.
ianwood
Taco Wrangler
The FAA doesn't need to prove intent. If you are flying for any form of compensation, it's commercial use even if that compensation is associated with something else. Even if you are doing it on behalf of someone else for free, it's commercial use.
You can pretend it's not but the FAA won't see it that way. At best, you'll end up in court.
They have no way of knowing if you are flying for compensation .... They would be in your mind... Not possible for them to guess why you are flying. I will ALWAYS say 'as hobbyist" to anyone that asks. Still very low risk on that million sided dice that you think we are rolling.
ianwood
Taco Wrangler
You can lull yourself into a false sense of security but bottom line is if you are doing this for money, you should have a 333 exemption and a pilot's license. If you do it without, don't count on it lasting. And you should be concerned that you'll eventually get ratted out to the FAA by your competition. Unfortunately, that is becoming common practice.
HOBBY or FLYING COMMERCIALLY?
I live in a small town in Texas. My project is to gain as much experience as possible by going to friends and taking pictures of their homes or farms. I will work with local businesses to take photos and videos of their properties. I will be talking to the golf course manager to do fly by photography of the course and talking to the city manager to take photos of the water tower and other municipal points of interest. All of these shoots will be done using the commonly accepted safety guidelines. I may even place an ad in the community newspaper. I will charge NO FEE in any way. No donation or editing expense or anything like that. NO CHARGE. Of course, I can't accommodate anyone who comes along and wants aerial shots done, but I will pick and choose the projects that look interesting to me. I have a real job that pays the bills. What I receive is experience and pictures to post on my website, and what they receive is a flash drive with several nice photos and videos to do whatever they want with. I have no 333, no pilots license, and no insurance. My associates will know this. Corporations and large facilities won't be interested, but the used car business next door really liked the canvas print I made of his property. Again, NO CHARGE in any way.
Am I a HOBBYIST or operating COMMERCIALLY (subject to 333 exemption and pilots license rules)?
I live in a small town in Texas. My project is to gain as much experience as possible by going to friends and taking pictures of their homes or farms. I will work with local businesses to take photos and videos of their properties. I will be talking to the golf course manager to do fly by photography of the course and talking to the city manager to take photos of the water tower and other municipal points of interest. All of these shoots will be done using the commonly accepted safety guidelines. I may even place an ad in the community newspaper. I will charge NO FEE in any way. No donation or editing expense or anything like that. NO CHARGE. Of course, I can't accommodate anyone who comes along and wants aerial shots done, but I will pick and choose the projects that look interesting to me. I have a real job that pays the bills. What I receive is experience and pictures to post on my website, and what they receive is a flash drive with several nice photos and videos to do whatever they want with. I have no 333, no pilots license, and no insurance. My associates will know this. Corporations and large facilities won't be interested, but the used car business next door really liked the canvas print I made of his property. Again, NO CHARGE in any way.
Am I a HOBBYIST or operating COMMERCIALLY (subject to 333 exemption and pilots license rules)?
I would say your not getting compensation for work so your aren't working as a commercial entity. Cool idea btw, I have a full time job like you and I wouldn't mind sharing video just to get permission to fly some places.
Here's a corollary question.
Suppose a friend has a drone video/photography business and has all the necessary permits and licenses. Could he then hire me as a freelancer to work with/for him to take drone videos/photos without me also having a 333 exemption? Or would I also need one?
Suppose a friend has a drone video/photography business and has all the necessary permits and licenses. Could he then hire me as a freelancer to work with/for him to take drone videos/photos without me also having a 333 exemption? Or would I also need one?
I believe you would still have to have a pilot license. If I remember right in the video posted earlier the guy mentioned that the company had the 333, not the individual.
You still need a Sports Pilot license as a minimum at this time. If you look, it's not that hard or too expensive. Somewhere between $3K and $5K. Then you can fly other stuff too!
- Joined
- Jun 22, 2014
- Messages
- 502
- Reaction score
- 117
Have you checked Texas state law regarding photographing a videoing private property? You will need every property owner's written permission if their property is shown in either a photo or video taken with a drone. Compensation notwithstanding.
Oh, and there isn't a chance of an inexperienced pilot could seriously injure someone? It's sad that we are even having these "grey" discussions. If you wanna work commercially, THEN TAKE THE PROPER STEPS. If not, have a great time flying your MR as a hobby. Remember folks, SAFETY FIRST.
- Joined
- Jun 22, 2014
- Messages
- 502
- Reaction score
- 117
If you doubt it, click here. Not all aerial images are the created equal.........Google isn't using drones.
Last edited:
Wow...I missed the part where you included drone, I would have checked more into it...still reading through all the conditions....I wonder about the part that says "with the intent to conduct surveillance on the individual or property captured in the image" wondering if "conduct surveillance" is defined...
Last edited:
I researched the Texas law to the end of my desire, but the representative that introduced said that the conduct surveillance was carefully chosen. I guess surveillance has come to be a defined legal term that means more than just have their property in frame. So, if you flew directly over their property and took a picture that would be a violation; however, if you were taking a picture of something else you don't need the permission of every owner in the frame because you are not conducting surveillance on them. I would also guess if you are high enough up you would be fine too....anyway very interesting...
Last edited:
Honestly it sounds like a law that was written to make people happy and get votes not to actually do anything else. I can't see how it would be enforceable. So hypothetical situation, your out flying and some guy calls and says you flew over his house. An officer shows up 20mins later and asks you if you took photos or video of the guys house. You say no & end of story. They can't go get a search warrant based on the guys accusation; not that they would want to waste time on it anyway. And I don't think they will flood YouTube with subpoenas either. But I'm sure it made the paranoid masses happy..
That's where many are saying you're okay if they cannot prove you were "intending" to tape them. Incidental to flying nearby is okay or something along those lines.
It's still a commercial operation.
"Charitable Organization" is a construct of the IRS and has absolutely no bearing on the FAA rules about compensation.
Similar threads
P2V+ Firmware
Phantom 2 big brick?
