CAA Commercial Rules in the UK - Can anyone clarify?

[granty578]

Hi guys,

I've sought clarification on this from the CAA but after about 3 weeks still not received a response. I haven't been able to find the answer after many web searches.

Basically, I am a professional landscape photographer who runs a website and Facebook page. I would like to post drone shots to my Facebook page and potentially my website. However, both are obviously business related.

Any pictures from a drone I post to these pages would not be for sale therefore would the CAA class this as commercial? I'm not looking for anything in return, I'm purely doing it for fun right now and would like to share this new perspective on the world. I've read many things saying you must receive something in return for it to be commercial such as money or a gift and in my case I think all I would receive is likes and comments.

If people started reacting to the footage and photos and I could see it becoming commercial I of course would take the license.

I guess my point is, a hobbyist could create a Facebook page not linked to any business and it wouldn't be commercial (even though they may gain recognition) and to some extent, if what I want to do is classed as commercial I could in theory just launch a new page?

Hope someone can clarify.

Thanks,

James

 

[BigAl07]

Hello James and WELCOME to the forum.

I can't personally give you CAA guidance but in the US and with the FAA it's very clear... anything that in any way COULD further a business is commercial regardless if money changes hands or not. No loop holes etc as they've all been closed.

I would "imagine" CAA is fairly similar but hopefully someone more fluent in CAA lingo can chime in and provide insight.

 

[Neon Euc]

As far as I understand you can sell the pics if you have a commercial licence. Also taking shots of monuments or landmarks might need permission. Nothing wrong with taking shots really as tourist do it all the time with their cameras. Just try not to get to close to the building and stay below 400 metres

 

[CleethorpesKid]

Hi guys,

I've sought clarification on this from the CAA but after about 3 weeks still not received a response. I haven't been able to find the answer after many web searches.

Basically, I am a professional landscape photographer who runs a website and Facebook page. I would like to post drone shots to my Facebook page and potentially my website. However, both are obviously business related.

Any pictures from a drone I post to these pages would not be for sale therefore would the CAA class this as commercial? I'm not looking for anything in return, I'm purely doing it for fun right now and would like to share this new perspective on the world. I've read many things saying you must receive something in return for it to be commercial such as money or a gift and in my case I think all I would receive is likes and comments.

If people started reacting to the footage and photos and I could see it becoming commercial I of course would take the license.

I guess my point is, a hobbyist could create a Facebook page not linked to any business and it wouldn't be commercial (even though they may gain recognition) and to some extent, if what I want to do is classed as commercial I could in theory just launch a new page?

Hope someone can clarify.

Thanks,

James

I would say it's commercial:

(5) The person in charge of a small unmanned aircraft must not fly the aircraft for
the purposes of commercial operations except in accordance with a permission granted by
the CAA

Have you seen: UK pilots: The CAA and my potential £2500 fine!!

In particular:

CAA Document CAP658 Chapter 14 states: Aerial Work is a flight which is considered to be undertaken for ‘valuable consideration’. 'Valuable consideration' is defined as any gain you may make from the work undertaken.

Did you email: [email protected]

 

[granty578]

I would say it's commercial:

(5) The person in charge of a small unmanned aircraft must not fly the aircraft for
the purposes of commercial operations except in accordance with a permission granted by
the CAA

Have you seen: UK pilots: The CAA and my potential £2500 fine!!

In particular:

CAA Document CAP658 Chapter 14 states: Aerial Work is a flight which is considered to be undertaken for ‘valuable consideration’. 'Valuable consideration' is defined as any gain you may make from the work undertaken.

Did you email: [email protected]

Thank you. It really is a tough one. It really does frustrate me that the laws do not change if you're a hobbyist or a professional. You get no more privileges (except applying for exemptions) once you have a license. For me, I couldn't justify £1200 on a license when I don't even know if I'm any good (via getting feedback) to make it commercially viable. Right now, I'm just interested in taking pictures and videos and having a bit of fun and sharing this new take on my area. Maybe I'll just post to a personal profile which doesn't give any link to the business (unless you really searched).

I did email that address but I might try ringing them.

 

[granty578]

The plot thickens. I spoke to the CAA on the phone and they have said as long as I don't make money from the pictures (which I won't) then they don't mind me posting to Facebook or my website even though it's linked with my business.

Name taken of the person I spoke to and will log the time of call etc.

 

[CleethorpesKid]

The plot thickens. I spoke to the CAA on the phone and they have said as long as I don't make money from the pictures (which I won't) then they don't mind me posting to Facebook or my website even though it's linked with my business.

Name taken of the person I spoke to and will log the time of call etc.

Good to know, thanks.

 

[Catchlight]

I wonder what the rules are for visiting drones from overseas people? I'm Britt but live in Australia now and have both a PPL and RePL, ( former was UK as well as Aussie), so if I bring my drone home this summer I intend to fly it and yes I make money out of it so I am commercial but NOT UK based. Must find out the facts anyone a quick answer in the meantime?

 

[granty578]

I wonder what the rules are for visiting drones from overseas people? I'm Britt but live in Australia now and have both a PPL and RePL, ( former was UK as well as Aussie), so if I bring my drone home this summer I intend to fly it and yes I make money out of it so I am commercial but NOT UK based. Must find out the facts anyone a quick answer in the meantime?

I don't know the answer 100% but I believe if you have an approved license that the CAA recognise then it's fine.

 

[andy_k]

As the CAA have said, as long as you are not earning money directly from the images you can use them. In much the same way a roofer can use a drone to do a roof survey as long as he doesn't charge for that part of the service.

Posting on Facebook, personal web-sites (even if business), YouTube etc is allowed

I've had much the same discussion with the CAA in the past as a couple of local businesses wanted to use images from my Facebook pages

 

[granty578]

As the CAA have said, as long as you are not earning money directly from the images you can use them. In much the same way a roofer can use a drone to do a roof survey as long as he doesn't charge for that part of the service.

Posting on Facebook, personal web-sites (even if business), YouTube etc is allowed

I've had much the same discussion with the CAA in the past as a couple of local businesses wanted to use images from my Facebook pages

What about YouTube with monetisation turned on? They seemed to say no to that but I don't see the difference, especially if the content isn't all to do with drones.

 

[andy_k]

Nope, Youtube monetisation is fine as long as you (roughly) follow these guidelines (from the CAA UAS team in response to a question sent in by our flying club secretary)

1, The videos in question are not review based, product recommendation etc where the author has received payment or goods in return for their services – we feel that would be seen as ‘valuable consideration’

2, The videos are not advertised as ‘next installment coming soon’ or ‘post any requests for things you would like to see’ as once again these would be (in our opinion) seen as commercial.

3, The videos shot were at no time intended for commercial use - you recorded the video for your own enjoyment

Basically, the CAA told us as long as we didn't abuse the system, they were too busy to chase every single person that's 'bending' the rules

HTH