Can I still make money without a commercial licence on private land ?

Everything I've seen has been quite clear cut, black and white. You seem to be seeing grey.

Have any examples of how the "FAA has massive leniency on deciding just what is commercial and what is not?" I've not seen the examples you claim.
 
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"The FAA has consistently defined commercial operation in terms of whether the operator receives direct or indirect payment for the operation. It is not necessary that the operation be conducted for profit or even that there be any intent or ability to make a profit. The compensation is not just limited to monetary payments but includes anything of value. This broad definition of compensation has been affirmed and adopted by both the NTSB and the federal courts. Administrator v. Roundtree, 2 NTSB 1712 (1975); Administrator v. Mims, NTSB Order No. EA-3284, review denied 988 F.2d 1380; Consolidated Flower Shipments, Inc., Bay Area, 16 C.A.B. 804 (1953), aff'd. 213 F.2d 814 (2nd Cir. 1954)."

Remember this post? Exactly what I'm talking about.
 
Remember this post? Exactly what I'm talking about.
Seems quite clear cut. Any compensation, whether monetary or not, defines commercial use.
I'm sorry you are having difficulty understanding that.
It has been talked about numerous times on this forum, hashed and rehashed.
 
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Seems quite clear cut. Any compensation, whether monetary or not, defines commercial use.
I'm sorry you are having difficulty understanding that.
It has been talked about numerous times on this forum, hashed and rehashed.
Ya, well I guess we just disagree slightly on the wording aspect...I don't any make money or even intend on making any money using my drone, but if someone gives me 'anything of value' like tickets to the basketball game to take shots of their property, Imma take 'em. ;)

Another example I can offer up was in this very thread (post #12). You thought that the FAA was well within their rights to go after Mr. Hanes for posting aerial drone footage online without a "commercial" exemption or license since Youtube "monetized" it for him.

Since you agreed with FAA's original intent that this was inherently "commercial" in nature (which is why you posted the link in the first place), it SEEMED clear-cut that this was in fact a commercial endeavor, no?

When the FAA never followed up on their threat and eventually said he was fine doing what he did, they completely FLIPPED. So, posting drone footage was then deemed totally FINE and NOT commercial even though Youtube monetizes it contrary to what they told him just months before (in March 2015).

If the FAA itself can't even determine what is truly 'commercial' use of a drone or not, how can it be so clear cut? Gray...and there is the problem. When the FAA gets to decide when things are 'commercial' vs. just hobbyist you have a problem because they might be confused themselves.

Clearly anyone using it IN their business or as a part of their business is using it commercially, but we are talking about the uncharted territories (like youtube, or news stations picking up your footage, etc.) Gray.
 
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Now flying a R/C toy = MURDER on this fracked-up forum?

Holy carp. o_O
LOL, that wasn't the analogy that was made in that post.
The point being made was that a law is enforceable whether the infraction occurred on private or public property.
It actually astounds me that anyone could interpret that analogy to mean flying a drone against the FAA guidelines is equal to murder.
 
Ya, well I guess we just disagree slightly on the wording aspect...I don't any make money or even intend on making any money using my drone, but if someone gives me 'anything of value' like tickets to the basketball game to take shots of their property, Imma take 'em.

That is called "value in kind" and is considered a form of payment under the law. If the purpose of your flight is for cash or any other legal consideration be it value in kind or other, it is still a commercial transaction. There's no way around it.

Posting video is no different. If you intend to make money or other forms of consideration from posting your video online, it is commercial use. If you flew and made your video for fun and then after the fact, you were offered money or other consideration for it, that is allowed as the original intent of the flight operation was not commercial.
 
That is called "value in kind" and is considered a form of payment under the law. If the purpose of your flight is for cash or any other legal consideration be it value in kind or other, it is still a commercial transaction. There's no way around it.

Posting video is no different. If you intend to make money or other forms of consideration from posting your video online, it is commercial use. If you flew and made your video for fun and then after the fact, you were offered money or other consideration for it, that is allowed as the original intent of the flight operation was not commercial.
However, according to the VERY broad FAA wording, you might be wrong. In this very thread people posted wording to the fact that INTENT doesn't matter.

They can still deem it personal even if there was no intent to make money. Did you read my point about the Youtube videos? Classic example of FAA with their heads up their butt.

THAT is the beef I have.

Note this post by Sagebrush (the part about intent is contrary to what you just posted). Apparently FAA is a bit confused themselves.

"The FAA has consistently defined commercial operation in terms of whether the operator receives direct or indirect payment for the operation. It is not necessary that the operation be conducted for profit or even that there be any intent or ability to make a profit. The compensation is not just limited to monetary payments but includes anything of value. This broad definition of compensation has been affirmed and adopted by both the NTSB and the federal courts. Administrator v. Roundtree, 2 NTSB 1712 (1975); Administrator v. Mims, NTSB Order No. EA-3284, review denied 988 F.2d 1380; Consolidated Flower Shipments, Inc., Bay Area, 16 C.A.B. 804 (1953), aff'd. 213 F.2d 814 (2nd Cir. 1954)."
S
 
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I don't disagree...as I stated before if you read the whole thread.

My essential points are that 1) The rules for hobbyist use of a drone are stupid and defy common sense and need changing 2) The FAA is someone I'm not afraid of 3) The FAA has no resources to police anything. 4) Being America, you choose to break the rules and face the consequences-which I don't do, but people have every right to. [emoji1]
You can continue to keep trying to make it gray.
I almost can't wait to read about your FAA $$ fine. It's like your asking or better yet informing others how to get around the law. I will tell you this, if I have followed all the rules and have a commercial UAV business and you have not and I find you in my neighborhood conducting business, the FAA will know your home address before the day is out. You do not need to worry about the FAA "looking" for you, the guy who did it legally and proper and is trying to make a living at it is who you will need to worry about. Just saying.
 
A lot of people here are very angry at the FAA, the AMA, and any other group or individual they feel doesn't support their agenda. They makes statements about the lack of common sense.

We are where we are at this point, and the best common sense I can think of is to follow the current guidelines.
I have and I do, and my enjoyment of my hobby has not suffered because of it.
 
The State Real Estate board could pull a realtor's license upon complaints from other realtors in the area.
Other UAV pilots can report you or like here in Canada, they(TC Canada) can "see" your video and take it from there to issue a fine.
Many real estate companies will not see it worth their risk in their ultra competitive business.
 
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In my experience the real estate agents, in particular, ask for my 333 and pilot's license upfront. They already know the "guidelines". They are not about to put their company at risk for a video.
 
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You can continue to keep trying to make it gray.
I almost can't wait to read about your FAA $$ fine. It's like your asking or better yet informing others how to get around the law. I will tell you this, if I have followed all the rules and have a commercial UAV business and you have not and I find you in my neighborhood conducting business, the FAA will know your home address before the day is out. You do not need to worry about the FAA "looking" for you, the guy who did it legally and proper and is trying to make a living at it is who you will need to worry about. Just saying.
LOL, I'm so frightened by your online bullying. Learn to read whole threads to FOLLOW A conversation and COMPREHEND content before you make assumptions and rattle off nonsense. I'm NOT in business wiseacre, nor do I make money. You're totally off point genius.

Get a grip kid, IGNORED.
 
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Bullying?! LMAO. Just a dose of reality and facts. Good luck. For the rest of us. follow the regulations and you will stay out of trouble and reduce your chances of a mishap. Seems like some others are in a race to be the first.
 
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Lets calm it down to a dull roar in here people. Agree to disagree. If the fighting continues action will be taken.
I am low on my warning quota this month and I don't have to many days left to bump it up, so... yeah...
 
No worries, can't see what they say anyway. [emoji6] Seems like this forum has attained kind of a 'mall cop' mentality in regards to FAA regs lately. Discussion of areas of vagueness/confusion have not been 'tolerated'. Interesting.
 
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No worries, can't see what they say anyway. [emoji6] Seems like this forum has attained kind of a 'mall cop' mentality in regards to FAA regs lately. Discussion of areas of vagueness/confusion have not been 'tolerated'. Interesting.
You seem to have a skewed view then. Open, respectful discussion is always welcome here, arguing, bickering and belittling other members is not. The staff here are not babysitters (although sometimes it sure feels like it).
Sometimes you need to know when to say when. Ya catch my drift?
 
I catch your drift alright. ;) Please delete my account...I'll be heading over to DJI forums instead. Thanks.
 

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