107 vs recreation

[BaerEssentials]

OK, so you hold your sUAS operator certificate and fly for business. One day you are flying recreationally taking some nice vids. You are casually showing some people your videos and one of them wants to purchase one. However, during your flight, you were outside of one or two of the 107 restrictions. Maybe the 400' rule or something.

What say you? Can you sell the video?

 

[BigAl07]

It's 100% the intent of the flight. Take the pics & video as a hobbyist and if LATER someone offers $$ for them it's perfectly fine to accept. Do this repeatedly and it might show a different intent than originally stated.

A hobbyist CAN sell pics & video captured during a HOBBY flight so long as the entire flight is conducted within hobby/recreation/336 guidelines.

 

[SanCap]

It's 100% the intent of the flight. Take the pics & video as a hobbyist and if LATER someone offers $$ for them it's perfectly fine to accept. Do this repeatedly and it might show a different intent than originally stated.

A hobbyist CAN sell pics & video captured during a HOBBY flight so long as the entire flight is conducted within hobby/recreation/336 guidelines.

"A hobbyist CAN sell pics & video captured during a HOBBY flight so long as the entire flight is conducted within hobby/recreation/336 guidelines."

Can you explain that for me, wouldn't it then become a commercial operation??

 

[BigAl07]

"A hobbyist CAN sell pics & video captured during a HOBBY flight so long as the entire flight is conducted within hobby/recreation/336 guidelines."

Can you explain that for me, wouldn't it then become a commercial operation??

INTENT of the flight is the main factor not what happens later down the road.

If you take pics as a hobbyist (for fun) and someone pays you for them at a later date you are in your right. So long as the flight was HOBBY and only hobby you're good. For instance:

I'm on vacation and take an awesome picture of Shining Rock (in my area) and print it (or post it on FB). Someone sees it and says, "Can I buy that picture from you?"

Answer is YES! I took the picture with no commercial intent and so long as I flew completely within the guidelines of 336/hohbbyist I'm good to go.

Now if you're taking the pics with the hope/intent to sell them later (or use them later for any furthering a business in any way) it's a Commercial endeavor and subject to Part 107 regulations.

 

[SanCap]

INTENT of the flight is the main factor not what happens later down the road.

If you take pics as a hobbyist (for fun) and someone pays you for them at a later date you are in your right. So long as the flight was HOBBY and only hobby you're good. For instance:

I'm on vacation and take an awesome picture of Shining Rock (in my area) and print it (or post it on FB). Someone sees it and says, "Can I buy that picture from you?"

Answer is YES! I took the picture with no commercial intent and so long as I flew completely within the guidelines of 336/hohbbyist I'm good to go.

Now if you're taking the pics with the hope/intent to sell them later (or use them later for any furthering a business in any way) it's a Commercial endeavor and subject to Part 107 regulations.

Thanks for the explanation.

 

[BigAl07]

Thanks for the explanation.

While I'm confident that I'm correct please ( I bet my own licenses on this very thing often) don't take "Internet Advice" as gospel legal advice. When in doubt call your local FSDO and get official clarification if you think there is any "Grey area".

I'm confident I'm right but at the same time I'm not the guy who is going to come help pay your bail and legal fees if I have misinterpreted the rules & regulations LOL