I’ve enjoyed several videos by Jeff S, although this one is a little misleading.. with all good intentions.
The first 4 aren’t really reasons on the legality side of discussion. It is accurate if you sell or “you” use the video in any manor to profit ( advertise, instrument to sell something else, attract to other revenue like web site, etc) you’d technically require a PT107. The reason I state technically, many post as YouTube to share and it becomes popular but it’s not a business... if listed correctly, it will generate profit. This wasn’t the intention, and very doubtful these will ever attract a legal challenge. Abstract question, on a vacation and you enjoy a zip line ride while holding your drone using the camera to film your ride. Or sitting on top a double decker bus tour, or a helicopter ride using drone’s camera on tour. Later post these events, would you require a PT107? Is the video’s appearance any different... not always. You use the smooth gimbal to film the walk through and around a house you intend to personally list... any different... same camera
The other half is the involved entity (person)... if “you” directly or indirectly obtain profit. What if you simply want to share your adventures and upload to 1 of 1000’s free photo stock sites where you release all rights in the fine print. Someone grabs your video and uses a few segments in their footage... any rules broken in commerce? Now, 1 year later you see footage that looks nice, reminds you of your adventures and you grab it from another free stock site for your web site... later you discover it’s actually a piece of your previous video... any rules broken? Nope on all.
The 5th reason is debatable in accuracy... uncontrolled airspace doesn’t have requirements... their is always latitude in interpretation of helpful apps or sites. As a Hobbyist, you can fly within 5 miles but you need to follow the rules of notification... and that is less than PT107 requirements. Yes, there are differences but not to the degree stipulated in video. This forum isn’t a legal forum, so I’ll avoid specifics, but would direct you to read a few sites. You can muster through the FAA’s site lengthy material or read several other sites that provide accurate interpretation.
An example I often use that is very popular... paticually in July. Night flying to film fireworks. A PT107 is required to obtain a night waiver and may not receive in time, the Hobbyist needs to notify Towers within zone and equip drone with required night visibility approved lights.
I’ve been on a few outings where we stopped to film a river or fly in an empty park and had no idea we were on the other side of a tree line from a small town airstrip. The Yuneec Typhon H gave no indication or nor prevented flight from an airstrip less than a 1/2 mile away, the DJZ crafts failed requiring you to acknowledge NFZ precautions, although in this situation it was too close and required 3rd level approval which we didn’t obtain. I’m not sure what class airport the Typhon will prevent flight... I haven’t experienced it, but it isn’t small town rural airports.
A few quick google sources: Hobbyist Drone near airports.
FAA:
Frequently Asked Questions
PT107 instructional site:
How Can Drone Pilots Fly within Five Miles of an Airport? - UAV Coach
OAPA:
Best Practices for Flying your Drone within Five Miles of an Airport - AOPA