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Unlicensed pilot: Can I, it can't I?

Discussion in 'Rules and Regulations' started by Shep, Sep 22, 2016.

  1. Shep

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    Ahead of time, if I missed an answer to this question, I apologize.

    Here is the scenario:

    I have been asked to video a 5 acre parcel that will most likely be used in the selling of that property. I will NOT be charging anything, I would be doing it as a favor.

    Can I or can I NOT do this? I have no desire to break the law or to paint our hobby in a bad light.
     
  2. N017RW

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    Not until you have your Part 107 'ticket'.

    "I have been asked to video a 5 acre parcel that will most likely be used in the selling of that property."

    "Selling" = Commerce = Commercial.
     
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  3. BigAl07

    BigAl07 Moderator
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  4. Drone on!

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    The way I see it, if you've taken it for a friend just for them and your records what someone does with a picture after you sent it to them is out of your control. Surely your allowed to practice taken shots and videos and if someone downloads or copies your work or a friend sells a picture you gave him/her. As long as not for profit.
    But that's from someone in the UK.


    Sent from my iPhone using PhantomPilots
     
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  5. BigAl07

    BigAl07 Moderator
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    What matters with the FAA is the "Intent of the flight". If you are flying recreationally and such and later find a picture you like you can do what you want with it. But this is far from recreational and the pictures for real estate are the reason for the flight. It's really pretty cut and dried in the OP's description.
     
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  6. N42742

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    Correct. It's all about "intent".
     
  7. Drone on!

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    The wording was likely used... If his friend just asked him to do it for himself how can anyone prove otherwise. If questioned he could simply say yes a friend asked if I could make a video of his land so I did.
    I'm meant to be doing just this for a friend this weekend, as far as I'm aware they have no intention to use it as a way of selling but once it's out of my hands I can't be accountable. Surely?


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  8. N42742

    Approved Vendor

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    Ask yourself this question. "Do I really want to have to justify my actions to a Federal agency?"

    Just get the Remote Pilot certification and be done with the anguish.
     
  9. Drone on!

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    I totally agree with you. Just playing devils advocate.
    In the UK the laws aren't as strict as the US and the average enthusiast won't get a licence or indeed take lessons on how to fly, or get insurance but that's for another day lol.


    Sent from my iPhone using PhantomPilots
     
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  10. y2keable

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    Not sure about the US but in the UK, this would be ok since no money is being exchanged.

    Yes, the photo's/videos would fit the description and definition of a "product" due to their fitness for purpose and the intended processing according to the Trades Descriptions Act 1968, also because the "goods" are being supplied in pursuance of a request which is formed partially by a description.

    However, because the contract fails to identify a "seller" and a "buyer" and fails to define a purchase price (fixed or otherwise), the goods are prevented from being part of a sale by description and so the contract fails to become a contract of sale (to which the Sale of Goods Act 1979 applies).

    There are no consumer/commercial rights affixed to an undefined "sale" and hence, no liability for prosecution in the current context as there are no commercial implications.
     
  11. Monte55

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    What if the video was posted to youtube or similar as many of us do. The video is the property of the op but it being a public video, a prospective buyer could view the video along with anyone else. I have many videos of my property but not for selling purposes . So, let's say down the road I decide to sell my property and let the buyer know he could check out my youtube channel.
     
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  12. y2keable

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    In the current context, even the simple act of uploading the video to youtube could be considered as supplying goods for commercial gain, as youtube hosts the video as a means to gain profits.

    Obviously, this is absurd and for the same reason, so is the notion of one man supplying property (photo's & videos) to another man where no money is exchanged and for that property to be considered "goods" for commercial gain.
     
  13. mikej

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    My son is in law school and I asked him his viewpoint. He replied: If you don't want hear the answer, don't ask the question.

    Sent from my SM-N920R7 using PhantomPilots mobile app
     
  14. y2keable

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    Must be studying Game of Thrones law
     
  15. TheLightSpeedz

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    I think it would be a hard thing to peruse for the FAA. You taking pictures of land for a friend for free? How do you know what they will do with the video?


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  16. y2keable

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    ...or why should it even matter to the person who's recorded it?
     
  17. N017RW

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    Mine said: A smart Lawyer never asks a question he doesn't already know the answer to.
     
  18. BigAl07

    BigAl07 Moderator
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    The key is "down the road".... we can't control what happens later on down the road but the "Intent of the Flight" is where the FAA has our hands tied.
     
  19. y2keable

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    Probably only fitting to when a lawyer is defending/prosecuting someone on court.

    In the office however, it's better to ask questions and explore solutions.
     
  20. y2keable

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    This is where the situation moves to that of a legal issue and like with any legal issue, proof is required. Can the FAA/CAA prove that the intended purpose of the flight was to supply the material for the 3rd party's use when it wasn't directly supplied to them?