I've arrived at a great place - from SW Western Australia

[flightline]

Hi everyone

Had my P4P for some months now and love it of course. Cant believe the accuracy and breadth of technology in the craft. I have completed the CASA RePL license.

Many moons ago I use to specialise in aerial photography, travelling all over northern Australia and PNG as part of a three man crew photographing for the Dept of National Mapping Australia (at 25,000' on oxygen masks) for topographical mapping and the business and environment sectors from 500' up. Use to love that job too. Then I moved into cinematography shooting docos and so on. Full circle now being back with aerial photography.

How things have changed. I dig it bigtime.

But I have a problem - disgruntled neighbour... I am honing my skills on a real estate project. Filmed a friends house (it's for sale) and have by necessity got the next door neighbours place in shot on several scenes. I have never sought to concentrate on his property. This is in a rural setting in the SW - rolling hills, open paces and in places, lots of trees. All shot from above 30 meters.

He was furious and jumped into a particular sequence I was filming (well away from his property) and demanded I not film his place. If anything, he has invaded my space!

I had no intention of highlighting his place, there are just a few shots with the perimeter of his place on left or right of the frame. My only intention was to show the sellers property in relationship to adjoining properties and the broader topographical region.

My seller friend has now insisted I somehow delete the offended one's visual reference. I will do it but am not happy. In deleting shots I have spent time rehearsing and executing for artistic purposes, the value of my aerial cinematography is degraded.

Does anyone in Oz know what the legal rules are in this case. Was told CASA says OK but if said bruised one goes to YouTube crying personal privacy infringement I've been told they will probably delete my program so I would still have a problem with getting the program on for sale.

So a big question is - how far do might rights extend to developing by business (and artistry) in a fair manner against his wishes to interfere with my business development...assuming he is not doing anything illegal within his property, such as developing a chalet/cottage for rental that the shire haven't been told about??

Any advice is appreciated.

Thx flightline

 

[Phill2]

Have a look at this page
New Rules from CASA

 

[Meta4]

But I have a problem - disgruntled neighbour... I am honing my skills on a real estate project. Filmed a friends house (it's for sale) and have by necessity got the next door neighbours place in shot on several scenes. I have never sought to concentrate on his property. This is in a rural setting in the SW - rolling hills, open paces and in places, lots of trees. All shot from above 30 meters.

He was furious and jumped into a particular sequence I was filming (well away from his property) and demanded I not film his place. If anything, he has invaded my space!

He sounds like a cranky old buggar but I don't think he has any legal right to prevent you shooting with his property in the background.
If it's out in the open and plainly visible, there's no law against photographing it.
Arts Law : Information Sheet : Street photographer’s rights

 

[dirkclod]

Welcome to the forum .
I hope you will find our site helpful and look forward to any input , photo's/video's you might post .
Don't be shy and ask anything if you can't find it by searching .

 

[tevek]

Have to agree with @Meta4 and reading through his link suggests that the 'unhappy chappy' hasn't got much of a leg to stand on. I see real estate videos on the TV everyday that include both rural and city properties being flogged and it would impossible to create them without notifying every single property owner bordering the one for sale. That's never going to happen as there would always one clown amongst them to complain about privacy invasion and shut down the project. Clearly that hasn't happened and it shouldn't in your case.

 

[Phill2]

Have to agree with @Meta4 and reading through his link suggests that the 'unhappy chappy' hasn't got much of a leg to stand on. I see real estate videos on the TV everyday that include both rural and city properties being flogged and it would impossible to create them without notifying every single property owner bordering the one for sale. That's never going to happen as there would always one clown amongst them to complain about privacy invasion and shut down the project. Clearly that hasn't happened and it shouldn't in your case.

If you ever look at realestate.com.au there are so many pics that are obviously taken from above adjoining properties it's unbelievable.
I wonder how that goes down with CASAs "no flying above private property without permission?"

 

[tevek]

If you ever look at realestate.com.au there are so many pics that are obviously taken from above adjoining properties it's unbelievable.
I wonder how that goes down with CASAs "no flying above private property without permission?"

Yes that should be interesting to see if anyone files a complaint with CASA. I suspect they would differentiate between zooming over someone's house on the way to a destination as opposed to hovering with 'intent'. I regularly do the former as part of a Litchi mission (at 120 mtrs) and on occasion the latter when asked to do some filming for an individual. It is unavoidable to not include adjoining properties as I have 40 mtr trees to clear, but have never had a complaint from any of the neighbours.

 

[flightline]

Hey thanks everyone who has contributed. Im impressed.
There lloks to be some vague, dangerous areas about all this.
Ok so maybe, maybe I can show his property, but the trouble is will cause for his neighbour, my mate, is a real concern - my major concern so I am going to have to cave in on this one - only for the calm to continue between the two party's. It has become pretty evident in the past two days the the discruntled one is doing a shifty next door by having constructed a Air BnB onthe property.
So while I am furious that he is getting away with this, for the sake of harmony for my mate and hsi wife, I'll have to give in.
It has inspired me to find out more on the whole issue though. There seem so many grey areas about who can do what when.
One thing I think should be considered (re privacy) is what percentage of the frame the private area is on screen or relative to the recorded format - 4k, HD or Mb file size on stills etc. If the offending area (lets say nudity) represents xx% of the rez or frame size, then that should be taken into consideration as either an infringement of privacy or just too small a number of pixels to be an issue. Just a thought.
Anyway, I very much appreciate your input and will now get stuck into After Effects to blur out his place...but I have to wonder if the shire would be interested in the videos - tempting
More later in a thread thats isnt my intro. Cheers all

 

[LuvMyTJ]

Hello,
It is a pleasure to welcome you to the Phantom Pilots forum.
I hope that you will be able to use the forum to further your safety knowledge and for the exchange of innovative ideas and as a resource for current developments in DJI quadcopters.