Operating for Free? P3S

[Martin Smith]

May answer some questions...
Drone Questions you wouldn't DARE ask the FAA!?- Demunseed - Best Drone Videos

 

[Sneaky_ru]

I am a hobbyist with a P3S. I have been approached by local clubs and schools programs asking if I can shoot footage for them. Neither myself or the organizations would be receiving compensation or profit from the footage. Is this considered as using the drone for commercial purposes?

For free, yes you can. There are many ways of getting around the commercial rule too.

 

[tcope]

For free, yes you can. There are many ways of getting around the commercial rule too.

No, not really. More like, it's highly unlikely that the FAA will pursue a case against someone making a buck or two.... but that is different from these scenarios that people come up with to make it _look_ like they are not commercial.

 

[SDODD]

I am a hobbyist with a P3S. I have been approached by local clubs and schools programs asking if I can shoot footage for them. Neither myself or the organizations would be receiving compensation or profit from the footage. Is this considered as using the drone for commercial purposes?

They could decide to entertain themselves with nosing into this.

I don't know where that video came from. Go ask a 13 year old kid down the street.

 

[LuvMyTJ]

TJ, you said "What did you read that makes you have this opinion? The post you quoted makes it clear anything done not for fun is commercial."

I think we are reading past each other here...FREE photos are what I'm talking about and you responded if it's for pay it's commercial (and needs 333). I agree. But your comment above about "anything not done for fun is commercial" is puzzling...commercial use REQUIRES that you benefit (or your business benefits) somehow IF services were rendered for no cost. If you have no business, you have no benefit if you don't charge.

No money or business interest, no need for 333 just to fly and take pictures. If I give them to friend or family and don't charge them or expect anything in return, that's my business. I don't need to call the FAA because I don't care. Common sense tells me it's fine. I have no problem flying over a friend's house to check their roof for damage or just to get cool pix for them. A LOT of things could be covered by "flying only for hobby or recreational purposes".

Just because I pull a friend's truck out of the mud with my winch and tow them home doesn't make me a tow truck driver (is the DMV gonna bust me?), just as taking aerial photos for fun doesn't make me a professional photographer.

Regarding getting paid...if you don't do it under the table (which I would not)...I think this whole 333 thing is rather unfortunate since it requires a pilot's license which is THOUSANDS of dollars and pushes out the pure hobbyist who occasionally wants to make a little extra on the side. They just need to require certification or something and put a ceiling earnings to be more in line with a "hobby" you can make a little money with.

Do I need a Section 333 grant of exemption if I'm not charging for my services?
A. Unless you are flying only for hobby or recreational purposes, you will need FAA authorization via a Section 333 grant of exemption to fly your unmanned aircraft system (UAS) for your business. This applies even if you are only flying to supplement or aide your business and not charging fees for doing so.

Your car analogy does not apply as the DMV does not have any rule/regs or options to register for towing someone out. It does not matter if you have a business or do it to show your neighbor his roof, in the eyes of the FAA that is a commercial use.

Do people do it all the time? Sure they do. Could the FAA hassle them for it? Yes, they sure can.

Do it, don't do it, makes no difference to me, I am just the messenger, not the rule maker. It is not me you would have to convince if you were ever questioned for it.

 

[aburkefl]

So are there restrictions what a hobbyist can do in regards to taking videos from drones, posting them on the internet in the public domain?

If the club provided a signed document that it was a 'private donation' by you as the hobbyist and there indeed was no money exchanged, it's not a commercial business contract. If you received any compensation from them, ie.. free membership to the club, perks or otherwise, then all bets are off.

Many people have businesses which the IRS considers a hobby.

When the IRS Classifies Your Business as a Hobby - TurboTax Tax Tips & Videos

Where is the line drawn in the distinction of what is a hobby by one government agency vs. another?

IRS rules specify a period during which you must show a profit - i.e., you cannot continually show a loss. If I remember correctly, every 2 of 5 years you either show a profit in your "sideline" business or stop claiming the losses on your income tax. If it's not your main business and you can't show a profit now and then, the IRS considers it an expensive hobby.

There is NO limit on how many years you can run your "main" business (your chief source of income) at a loss - just depends on how much you have and how much you're willing to throw away.

 

[lstmate]

Is there someplace to find easy instructions for getting the commercial exemption?