Indeed, the people or property have to be under your control and then your can fly as close as you like. But we're getting a bit off topic here. The thread was started because of a proposed new aerial trespass law. The main argument being that land owners actually own the airspace that is above their land. So if you fly above or over land that is not yours, you will be trespassing on someone else's airspace! If you follow this to its logical conclusion, if it does indeed become law, then it is the end for drone flyers. Working on the assumption that all land belongs to someone, every time you fly anywhere, you'll be trespassing on someone else's airspace! You won't be able to fly anywhere except over your own land. Or you'll spend all of your time trying to get landowners permission to fly. Yeah, good luck with that!
State Lawyers Getting Frisky
- Thread starter PatR
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If the mower cannot be identified through face or feature there would be no violation. Always use blurring tools whenever faces of people not aware and approving of being recorded might appear in our imagery.
As to a house other than the primary subject bring published in an advertisement, publication of that structure without permission of the owner would be a violation and subject those publishing to penalty under copyright laws. Copyright law is not broken down by state.
People that record imagery of private and public property really need to spend some time learning about copyright law. Privacy is one thing, but ownership of likeness is pretty darn important too. An informed photographer will have release forms for people, events, property, and businesses signed and filed before placing imagery in the public domain, or in the hands of others that could/would publish their work. The way all the laws overlap make the task of legal compliance very difficult. Most drone folks unknowingly violate numerous laws on a regular basis, and leave themselves terribly exposed.
I get what you're saying. MMMmmmmm! Google have been down my street, they have an image of my property which can be clearly identified on Google street view. I don't recall them ever asking my permission to put that image of my property in the public domain. If what you are saying is correct, can I sue Google for infringement of copyright?
When seeking legal advice it's always prudent to consult with an attorney, who can legally provide legal advice. I simply mention we should be aware of the laws that affect us, and mention some of the applicable areas we should reference. That's often called "performing due diligence". I'm not here to argue with anyone as I don't care what they do or how what they do might impact them. I'm only saying we should look before we leap, as ignorance can't be used as an excuse for not knowing, especially in this age of web based search engines.
As for Google, I would be very surprised if they didn't have agreements with governments that provide them exceptions. Money buys power and power provides privilege.
As for Google, I would be very surprised if they didn't have agreements with governments that provide them exceptions. Money buys power and power provides privilege.
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Good point. It's also interesting that the same guys who come out and shoot your drone while getting close to their property are the same idiots to run out to the Google car to get their mugs on the internet.
The government and big business will always put their interests above the will of the people. We opened pandora's box in 1913 and we've been paying for it ever since. There's no attorney alive that can predict the governments "interpretation" of its regulations. There's only attorneys that you have to pay a gazillion dollars to fight the government.
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So the news media is constantly in violation because helicopters reporting on news events, same goes for ground news crew? What about those taking selfies at sporting events or what ever? Most likely you maybe captured on someones android and it's posted Youtube or whatever?
News media, and others, escape infringement barriers due to reporting public interest events occurring in open public spaces, or venues where there’s no reasonable expectation of privacy. As photographers we enjoy the same ability. If copyright/image publication laws were rigidly applied there’s likely a lot of “selfie” stuff that could land in court.
For someone trying to make money with videos that publish their work on social media there’s good reasons to Google and review copyright, privacy, and property laws to avoid having their butts handed to them in a court room. At least they’ll be ready for the day some drone hater or ignorant law enforcement type tracks them down and files a charge against them. If we understand and operate within the law we’ll be a lot more comfortable if and when we have to mount a defense.
For someone trying to make money with videos that publish their work on social media there’s good reasons to Google and review copyright, privacy, and property laws to avoid having their butts handed to them in a court room. At least they’ll be ready for the day some drone hater or ignorant law enforcement type tracks them down and files a charge against them. If we understand and operate within the law we’ll be a lot more comfortable if and when we have to mount a defense.
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