[Help] Footage shot as hobbyist can be used commercially after part 107??

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Hey all!

Question for you guys, I would like to split up into a couple parts..

TL;DR - If I shot something as a hobbyist and after I get my part 107, can I sell the footage from when I was a hobbyist or will FAA make me re-do my flight?

I have been on a roadtrip the past 6 months shooting drone footage a long the way. It was not my intentions to sell this footage as that would be illegal as I am only a hobbyist without my part 107.

I am now looking into completing my part 107 so I can fly commercially.

Is the footage I took as a hobbyist illegal for me to sell even after I get my part 107?

example: Took nice shot as a hobbyist, but not 107, then I get my part 107, does that give me the right to sell my shot I took as a hobbyist, or do I have to go "re-do" the shot while having my part 107?


That was the first part of the question, lets talk about the 2nd... so I have all of these great shots that I have already completed as a hobbyist but I have recently found out I can sell these drone shots as stock images and make money. That would then classify my pictures as commercial but my original intention was for hobby. Would it still be illegal for me to sell these pictures I took as a hobbyist?

[In my opinion, if my original intent was for me to just do the pictures as a hobby, I went out and had a safe flight, and then later decided to sell these images, it doesn't seem logical to have to go get my part 107 for a shot that was previously flown in order for me to sell it legally. The shot has been done, taken place, it was safe. Unless the FAA says I can never sell those shots as it was a hobbyist, they would force me to re-do an entire drone flight with my part 107, which again, in my opinion, increases room for error etc. as I have to re-do everything while I have already previously completed the flight and got the shots]

Thank you in advance for your help and information!
 
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Once you get your 107, I'd sell the footage even if you shot it before. Technically, I don't know if that's a problem but for me personally, I wouldn't worry about it. I applaud you for wanting to be honest and law-abiding but you MAY be splitting hairs. I am like you but I plan on selling some of my "pre 107" stuff. I just don't think the FAA's going to track you down and imprison or fine you for something like that. They have more important issues to deal with. Now, if by chance you follow my advice and they DO track you down and fine you or seize all your assets, just remember - we never had this conversation. This message will self-destruct in 10 seconds. 10..9...8...
 
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It's all about your intent when shooting the footage pre 107. Does it seem obvious you intended to sell it ( shooting a car dealer lot vs just normal flight stuff where you happened to get some nice shots )

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Pretty sure that you are good to go. We've heard repeatedly that images taken as a hobbyist (such as vacation pictures) that later have commercial value can be sold with or without a Part 107. Having the Part 107 will certainly be an advantage as you go forward. Remember, you can still fly as a hobbyist even after yo get your Part 105 certificate. You just have to decide before the flight under which set of rules you will be flying and don't change it mid-flight.
 
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Does that mean that I can sell the footage that I shot during my hobby flights -where I take off without the intention to produce commercial footage- on stock footage websites without part 107?
 
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Does that mean that I can sell the footage that I shot during my hobby flights -where I take off without the intention to produce commercial footage- on stock footage websites without part 107?
nope. get a 107, only then you can make money from your footage, according to FAA regulations
 
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Thank you for the clarification. I'm looking forward to get mine!
 

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That was the first part of the question, lets talk about the 2nd... so I have all of these great shots that I have already completed as a hobbyist but I have recently found out I can sell these drone shots as stock images and make money. That would then classify my pictures as commercial but my original intention was for hobby. Would it still be illegal for me to sell these pictures I took as a hobbyist?

[In my opinion, if my original intent was for me to just do the pictures as a hobby, I went out and had a safe flight, and then later decided to sell these images, it doesn't seem logical to have to go get my part 107 for a shot that was previously flown in order for me to sell it legally. The shot has been done, taken place, it was safe. Unless the FAA says I can never sell those shots as it was a hobbyist, they would force me to re-do an entire drone flight with my part 107, which again, in my opinion, increases room for error etc. as I have to re-do everything while I have already previously completed the flight and got the shots
The FAA is concerned with aviation safety - not with stopping you from selling old photos.
The "crime" they are concerned with is unlicensed commercial flying - not photographic sales or the file creation dates of images you sell.
The recreational flight was legal when the images were taken - can that legal flight in the past be illegal now?
Whether you sell old photos or not has no bearing on aviation safety.
The FAA aren't going to know .. and if the did, they wouldn't care.
The debate about whether you could sell images created before gaining certification reminds me of an episode of the Simpsons where Bart asks if a robot with a human brain can go to heaven.
http://download.lardlad.com/sounds/season1/telltale4.mp3
 
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The FAA is concerned with aviation safety - not with stopping you from selling old photos....Whether you sell old photos or not has no bearing on aviation safety....The FAA aren't going to know .. and if the did, they wouldn't care.
I'm not a lawyer, but I do have many years of dealing with FAA as a licensed pilot. I agree - FAA's main concern is safety and efficient airspace use. They'd never know what anyone does with their aerial photography, and they don't care. They just want to keep aircraft from swapping paint.
 

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