R
Rayray
Guest
I've been dubbed "that drone police guy" by Brian
I don't remember him calling you anything.
I've been dubbed "that drone police guy" by Brian
The information you have given is incorrect. Currently in the USA you may not sell any footage taken while hobby flying. You must hold a 333 or 107 exemption to do as you described. Taking a pic from an airplane is a personal thing, not commercial and not "unmanned flight" so why would you need government approval? Selling an edited video would also require you to have a 333 or 107. Saying you are only charging for the editing "trick" is old and they are well aware of it. There is no "work arounds" if you sell footage or photos. Do it the right way or don't do it at all. The new Part 107 is affordable and educates you on the needed air safety rules.
- What is the definition of recreational or hobby use of a UAS?
Recreational or hobby UAS use is flying for enjoyment and not for work, business purposes, or for compensation or hire. In the FAA's Interpretation of the Special Rule for Model Aircraft, the FAA relied on the ordinary, dictionary definition of these terms. UAS use for hobby is a "pursuit outside one's regular occupation engaged in especially for relaxation." UAS use for recreation is "refreshment of strength and spirits after work; a means of refreshment or division."
SOURCE: Unmanned Aircraft Systems (UAS) Frequently Asked Questions/Help
I do think the FAA needs to better clarify where the line is drawn.
People with and getting 333/107"s are not trying to "stifle" competition! They are doing it according to Law and Regulations! it's the hobbyists and people who want everything for nothing and own no responsibilities, who want in for free and not own up to following the rules! Until the IRS or Law Makers institute Laws, It is what it is!The IRS disagrees. So the FAA now defines tax law? Millions of people have "hobby farms".
Tax Tips for People Who Earn Income From a Hobby
If I have $2000 invested in my equipment and charge $1999 for pictures, it's still a hobby as I've made no profit. People with 107/333 want to stifle competition, just as unions want to prevent "scabs" from being hired.
This is apart from DE's argument that art cannot be regulated, and no, the FAA has not figured out anything otherwise we'd be seeing people fined left and right already. Lots of threats and reports of FAA employees posting on YT videos to scare people into submission. It is understandable why people get scared, but I'd bet when the first fine is levied, FAA sued, and an organized effort is made to support that person, the FAA would get gobsmacked even if it had to go the SCOTUS. There's a reason government always go for low hanging fruit.
Yes true.No the bottom line is how big is his wallet and how long before you go broke trying to fight the government
Many have tried not many have won.
I downloaded the Verifly app which allows you to buy drone insurance for roughly $10/hr by the location indicated on the phone. I'm not sure of the specifics of the coverage yet other than it looks like $1M of liability ins for property damage or injury. As far as your own equipment, I think you're still on your own with Verifly. I still need to find out who is underwriting this.Charging or not charging money for the work does not matter, nor does it matter who took the photos. If the photos are used to enhance a business, it is no longer recreational. I'm a Realtor and I will use my AC to take aerial videos. However, I am not "charging" anything extra but I am enhancing my business. Also, if the homeowner had a hobby drone and gave me pictures he took of his own home and I posted them on my public listing page, those photos are being used to enhance my business and that makes it commercial even though it is after the fact of taking the photos. I got this direct from the FAA representatives, person to person. Now, to be clear, this was all under the 333 Exemption rules. Those rules were much harder to work under and, frankly, were out of the reach of most people. That tended to make people "ignore FAA" and just push their luck. The new Part 107 makes it very possible for anyone who wants to to get licensed. Personally, I think it will INCREASE the FAA being more strict as now there's no good excuse. And, like I said before, many people will now be starting businesses with their drones. Those people WILL police their respective communities. I've been dubbed "that drone police guy" by Brian and that's OK but I'm only telling you what I've learned after a year and a half of trying to get legal. I have received my license and am now legal and it was a lot of work and expense. So, if other Realtors in my MLS start posting aerial photography to compete with me, I should just let it go? Also, we haven't even begun to talk about insurance yet. Although not legally required today it is highly recommended. It would very unwise to do professional work, especially on a fee basis, and not have liability insurance. I'm checking it out now and WILL have it. I will make a couple predictions for the next couple years. First, insurance will be mandatory in a commercial drone business. Second, if you fly a drone at all, you will have a license. Take this quote from dronelife dot com: " ... the FAA now says that recreational fliers must belong to a community based flight organization like the AMA, and fly within its framework, or take the Part 107 test." It does not make sense that I have to know that if clouds are at 400 feet, I cannot fly that day as a licensed pilot, but a hobbyist can because he doesn't know you can't fly 500 feet vertically or 2000 feet horizontally to clouds? It's coming.
People with and getting 333/107"s are not trying to "stifle" competition! They are doing it according to Law and Regulations! it's the hobbyists and people who want everything for nothing and own no responsibilities, who want in for free and not own up to following the rules! Until the IRS or Law Makers institute Laws, It is what it is!
One has nothing to do with the other so your argument is mute. Also, if you have a business to take photos, you have a business. A hobby taking photos is a hobby. Don't confuse IRS jargon with what we commonly associate the meaning of words... take for example "injured spouse". Many would think ones spouse may have been physically injured where the IRS see's that as one spouse having debt that is separate from the other spouse. But I digress, if you want to be sure, call your local FAA field office and ask them.The IRS disagrees. So the FAA now defines tax law? Millions of people have "hobby farms".
Tax Tips for People Who Earn Income From a Hobby
If I have $2000 invested in my equipment and charge $1999 for pictures, it's still a hobby as I've made no profit. People with 107/333 want to stifle competition, just as unions want to prevent "scabs" from being hired.
This is apart from DE's argument that art cannot be regulated, and no, the FAA has not figured out anything otherwise we'd be seeing people fined left and right already. Lots of threats and reports of FAA employees posting on YT videos to scare people into submission. It is understandable why people get scared, but I'd bet when the first fine is levied, FAA sued, and an organized effort is made to support that person, the FAA would get gobsmacked even if it had to go the SCOTUS. There's a reason government always go for low hanging fruit.
I'm going to go with this is an interpretation by the FAA and if elevated to the supreme court I have no doubt the supreme court would rule in favor that the FAAs "interpretation" is a violation the first amendment. The test would be simple: Does a person need a CDL to sell pictures or video ( a series of photographs) from a Motor Vehicle and isn't an aircraft a vehicle? Is creating art recreational? If I sell my art how does this make it less recreational. Does the FAA have the right to deny me from creating or selling art? I understand the need for licenses for certain activities in commercial applications such as needing a CDL for airbrakes or loads over 25,000 pounds but a person in the US only needs to have a CDL IF they are using a vehicle with airbrakes and the load is over 25,000 pounds. I would also question whether or not the video being used in the media or news requiring a license as a clear violation of the 1st Amendment.The information you have given is incorrect. Currently in the USA you may not sell any footage taken while hobby flying. You must hold a 333 or 107 exemption to do as you described. Taking a pic from an airplane is a personal thing, not commercial and not "unmanned flight" so why would you need government approval? Selling an edited video would also require you to have a 333 or 107. Saying you are only charging for the editing "trick" is old and they are well aware of it. There is no "work arounds" if you sell footage or photos. Do it the right way or don't do it at all. The new Part 107 is affordable and educates you on the needed air safety rules.
- What is the definition of recreational or hobby use of a UAS?
Recreational or hobby UAS use is flying for enjoyment and not for work, business purposes, or for compensation or hire. In the FAA's Interpretation of the Special Rule for Model Aircraft, the FAA relied on the ordinary, dictionary definition of these terms. UAS use for hobby is a "pursuit outside one's regular occupation engaged in especially for relaxation." UAS use for recreation is "refreshment of strength and spirits after work; a means of refreshment or division."
SOURCE: Unmanned Aircraft Systems (UAS) Freqtuently Asked Questions/Help
His word against yours. Can he prove he paid you? I dont think so. Granted anything is possible but the proof would be on him or her. One way to prevent this this is to watermark your vids. But this would take away from what you want to achieve.We all upload our videos to some form of video site like youtube. Now what about the guy who is surfing youtube and comes across a video that he can use to make money and he downloads it from Youtube. Yes there are download software to do this very thing. Now that he has it from the internet he starts selling part of it or the whole thing. Would the owner of the video be responsible? If they go after him he could claim I sold it to him. I don't know. To many ways to look at this.
I downloaded the Verifly app which allows you to buy drone insurance for roughly $10/hr by the location indicated on the phone. I'm not sure of the specifics of the coverage yet other than it looks like $1M of liability ins for property damage or injury. As far as your own equipment, I think you're still on your own with Verifly. I still need to find out who is underwriting this.
Sweet - would love to hear about your experience with Verifly...I just went with Verifly as well. It was the last piece of my puzzle.