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Commercial use of photos shot recreationally, before 107

Discussion in 'Rules and Regulations' started by David T, Sep 30, 2016.

  1. David T

    Aug 30, 2016
    Likes Received:
    I'm perusing some photos that were taken back in April, recreationally (nice lake shots at a church camp). No one has seen them but me, and they've sat on my hard drive since.
    In the meantime, I passed my 107, and have my temporary, waiting on the permanent.

    Now I have a potential commercial use for some shots of that location.

    To be in compliance with 107, do I need to reshoot those as a commercial flight?
    Or am I allowed to make use of any previous recreational flight images?

    I'm thinking I need to reshoot - tell me why I'm wrong. :)
  2. N42742

    Approved Vendor

    Jul 18, 2016
    Likes Received:
    Here's what you have to consider... Probably, no one will ever know or even care. On the other hand, do you want to find yourself in a defensive position in an FAA enforcement situation?
    arkadek1 likes this.
  3. Meta4

    Meta4 Moderator
    Staff Member

    Jan 8, 2014
    Likes Received:
    The FAA is not concerned about selling photos.
    Their core business is aviation safety.
    Because they are dinosaurs and only see things in terms of real planes, their rules wouldn't allow commercial drone photography without real airplane certification.
    If you had breached the old rules it would not have been to sell photos but to engage in commercial aviation without the proper licensing.
    It wasn't about selling photos .. it was about unlicensed commercial flight.
    Your photos were taken quite legally back then with no crime being committed.
    Can selling the photos now somehow make what was a completely legal flight 6 months ago, illegal now?

    The FAA knows how silly the concept of restricting who can sell photos is and haven't booked anyone for it despite there being no shortage of opportunities.
    I think the FAA has a lot more to concern themselves with than the date you took a photo that you might sell and can't imagine how it would ever come to their attention.
  4. Eric Ettinger

    Aug 28, 2016
    Likes Received:
    Got to love government stealing your rights and then selling them back to you in the form of a license or permit.
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