I know they were finding realtors who were posting online aerial videos and sending cease and desist letters. Seems logical then that they would be monitoring online forums too. And yet we still have people posting here the maximum altitudes and distances that they have been able to achieve. Not smart people! You will ruin this for the rest of us!
Do you think the FAA is watching?
- Thread starter JonW
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Cease using drones for commercial aerial video. Because they are using the videos to sell houses and make money, it's illegal.
FYI: It isn't inherently illegal (at least federally). Just like using other aerial vehicles, you have to get FAA authorization, and in some cases an exemption.
1) News media require FAA authorization for news gathering with a drone.
2) Hobby drone pilots require FAA authorization if they intent to capture news and sell them to the news media.
3) Hobby drone pilots do not require FAA authorization if they have no intent of news gathering but happen to come across news and then give the resulting video or images to the media.
4) News media do not require FAA authorization if they acquire news captured by an unaffiliated third-party drone pilot.
The devil is in the details, so I would recommend studying carefully the two-page legal opinion from the FAA’s Assistant Chief Counsel for Regulations dated May 5, 2015, entitled Media Use of UAS, and apply your own analysis to your specific circumstances and plans.
Thanks for the link. I hadn't seen that one before. But like all the rest of the FAA documents, it still leaves me unsure what's legal and what's not. There are a lot of gray areas. It's like 50 shades of gray
All of that memo addresses news coverage. I would think that wouldn't apply to Realtors or other commercial purposes. I work in television and film production. I see drone usage all the time for TV and commercial work. And I know that almost nobody doing the flying has a 333 exemption. Is there another way to get FAA permission? Personally I'm looking forward to when they clearly state the new rules. I'm hopeful of course that they aren't excessively restrictive.Here's what I was talking about.
Put down that drone! FAA cracks down on realtors using aerial drone photos
Put down that drone! FAA cracks down on realtors using aerial drone photos
I have seen it, but in my opinion it is just the FAA exerting control over their territory. The news stuff is just examples that touch all the buttons aka privacy, money, safety, etc. I do small production filming as well, and have been asked for an authorization once, and it was because it was a PSA for a not for profit that deals with the FAA
I agree with you that the rules could be clearer though, and unlike some, I will be glad when they catch up. I can drive 100 mph and do it safely, but I understand why we have speed limits, and having defined rules will
help.
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Also, remember. Not everyone that posts in this forum is in the United States. they may be in a country were what they are posting is not illegal.
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My uncle was convinced he could drive perfectly fine while intoxicated...until he killed a family on his way home from a poker game one night. True story.I have seen it, but in my opinion it is just the FAA exerting control over their territory. The news stuff is just examples that touch all the buttons aka privacy, money, safety, etc. I do small production filming as well, and have been asked for an authorization once, and it was because it was a PSA for a not for profit that deals with the FAA
I agree with you that the rules could be clearer though, and unlike some, I will be glad when they catch up. I can drive 100 mph and do it safely, but I understand why we have speed limits, and having defined rules will
help.
I have seen people on the Phantom Pilots forum share letters they've received from the FAA regarding either commercial work or videos they've posted on Youtube for distance and altitude.
I think the chances of being fined for shooting some real estate videos is quite slim, but possible nonetheless.
If I were doing real estate, I would just apply for an authorization. "News" is not necessary, and people have done it for mapping, remote inspection, etc.
What do you mean by "authorization?" Is that a different type of permission than the 333 exemption?
They use the terms authiorization and exemption fairly interchangeably in this regard (see my memo link) with authorization being what you end up with, and exemption (333 and COA) being how you get that, but yes, currently the process is the 333 exemption and a COA for purely commercial applications.
I won't get into it here, but if you look at the film industry, there are a lot of ways around that which are quite legal, having to do with you giving footage away.... You can even sell footage, as long as your original "intent" was not to sell and are approached... Which of course then woulld include how often you sold it, if you have another job, etc....
The FAA is also drafting new rules to address small UAS (less than 55 lbs) including in commercial applications. As discussed, hopefully this will lay out a more direct and detailed path. I can work with any rules, as long as I know what they are. Until then, it is sketchy..
If anyone could do it... everyone would
This is a nice primer on the subject from the FAA
Unmanned Aircraft Systems (UAS) Frequently Asked Questions
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