I'm just getting into quadcopters. Aerial photography is one of the aspects that drew me into it. Not sure how far I will go with it, but I just recently heard of the FAA's ban on aerial photography using drones. I read an update on a case going back to October of last year. Has anyone heard what the outcome was? Here is the link to the story. http://photographyforrealestate.net/2013/10/09/the-legal-argument-against-the-faa-shutdown-of-commercial-uavs/
I think you may be referring to COMMERCIAL use of quadcopters and drones. It's definitely a gray area...and the old maxim applies "If you ask government, the answer is usually no"...... However, there are many many businesses operating in this country which use multi-rotors for commercial purposes. A lot of filming for Hollywood and commercials is done that way. While I would not start a web site and business called "Quadcopter photography for your real estate business", if I was a photog I would have very little problem selling a customer a package which included aerial and ground shots.....that's me. I jaywalk occasionally also.
In general, for now, if you or anyone else makes any money or other compensation, or if you post your videos photos and they are used in any type of commercial use.....they could be considered "for commercial use"....it all depends upon your local laws. Yes I said "post" your photographs / videos.....why, someone else could use your work and make money off of it.....then it was used for commercial use. This is a very grey area, and probably wont harm you in the long run. But, if someone is pictured your "work" and dose not like their image being used in say a "pizza delivery commercial" that was made from your posted video that XYZ company got off of U Tube.....you could be sued and have to pay them "damages". (now you know why I don't post any videos or pictures my UAS's have taken). Until the FAA is done "investigating" and creating the new regulations........just be careful. If you do have someone, or somebodies property in a picture or video, Make Sure You Have A Written Release Form From Them before posting it......just to be on the safe side. California and Texas (and probably other areas by now) have laws in place that prevent you from taking video / pictures of others or others property with a UAS, make sure you know what laws are in place at your location. Currently you will be safe from being sued in / at designated flying fields as it is expected that UAS (or other RC model aircraft) could be used in FPV flight mode and your picture could be taken if you are a spectator there (and / or the surrounding property). Designated flying fields are defined as AMA or other club property (and some State or City land that has been set aside fro this use) used for model aircraft use.
Thanks for the responses. Aerial photography is something I can see getting into down the road. I create websites on the side and thought aerial photography would greatly add to the content of a business website, until I ran across that article.
I recently noticed a guy "lifted" one of my nice aerial photos for his web site......a commercial site! I did send him a note saying he should ask.... I feel as if I will do some volunteer aerial stuff around here to hone my chops.....it's a good way to get known and noticed. Then, if and when you start selling any pics, etc. at least you will have a portfolio. I took this pic on the right - I'd say, based on the way the guy responded, that you should buy your Mobius elsewhere (like at MassiveRC).....
IceFyre, you state a lot of info I was not aware of. I was considering to contact a lawyer to discuss how to stay safe in terms of not violating FAA, but from what I read I understand unless I play on a designated playground, I may run into trouble... In a different article about the FAA vs. Drones I read about businesses avoiding the whole issue by starting non-profit organization and supplying videos for businesses free of charge. Then the businesses are making "donations". Also, the article stated that people are supplying the videos/photos as hobbyists (not sure how the compensation is done here). I do hotel and resort photography/video and a drone would be certainly helpful. I too was wondering if I could supply the drone video of a resort for free at my free time as a hobbyist. Week later I could be hired to do regular photo shoot/video, and the company would provide the material previously obtained. I can imagine this idea has a lot of legal holes and that is where a lawyer is needed... ;-) I am planing to buy a drone just to play with, and of course, increase my visibility in the field. I want to be known and ready when the rules are established. However, another point you made is that if I put my amateurish video on my business website (or social media), it may be considered commercial use. Even if the drone is not bought from my business resources, and is part of my business equipment? Hm... a lot of things to check before I press the "order" button...
The FAA should have the rules finished by the end of 2015 (that is the mandate they have, but who knows if they will be done). Then after the first set of rules are made you know they will have to edit them due to unforeseen circumstances...... What I stated above is the "rules" as they are now, whether or not you get in trouble for flying outside of a designated flying field, sued due to someones image in a video / picture you took, your work stolen by someone else and used for "profit"........all of this is very grey, and totally up to interpretation by your local law officials / courts (not to mention the ambulance chasing lawyers who want to make the quick buck). If you have a client that wants you to use your UAS for "in flight" video / pictures have them sign a form giving you permission to do so, make sure your form has them as responsible for damages / injury in case your bird crashes into the property and / or personal. Make sure it states that they are responsible for clearing the flight area (s) of personal or property that do not need to be in that area. Your responsibility is to make sure you are not flying out of line of sight, and any local air traffic is aware that you are flying in the area doing this work. Call local airport towers (FAA) and say at this time on this day we are flying a UAS for this reason, "please have local air traffic avoid this area". They may ask you for a different time / day to do this, so make sure you call them weeks in advance, and do a courtesy call the day of to remind them. Call them when you are done as well so they know "all is clear". Its a good idea to get to know all your local airport controllers and local law officials and inform them on what you are doing.....be prepared for things like permits and /or having to be FAA certified to fly your drone for this type of work. Don't forget this too............most (really all) FPV / video transmitters are in the HAM radio range of frequency's....you need to have a technicians license or better to operate them in the USA. So you are right, check first, check again...............be prepared to miss something and have a response on how to avoid it later.....then wait while the FAA changes it all up and you have to change everything that was OK locally, but now has to follow a bigger set of rules.
