Part 107 question

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As a semi-retired geologist, I have found the use of my P4P2+ to be an amazing aide for looking at outcrops that are difficult to get to. My colleague is preparing a document that he intends to publish in professional journal. He has asked my permission to include a few of my drone stills in is paper. I am not a certified 107 pilot. I am registered as a Recreational Flyer. Would there be any issues with allowing him to use the mages? I am not asking for anything in return but he will credit the photographs in my name.
 
Thanks for your reply. Attached is one that he wants to use. The drone was not more than 400 feet above GL for this photo. I launched from across the valley.
 

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    Glacier Lake.JPG
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As a semi-retired geologist, I have found the use of my P4P2+ to be an amazing aide for looking at outcrops that are difficult to get to. My colleague is preparing a document that he intends to publish in professional journal. He has asked my permission to include a few of my drone stills in is paper. I am not a certified 107 pilot. I am registered as a Recreational Flyer. Would there be any issues with allowing him to use the mages? I am not asking for anything in return but he will credit the photographs in my name.
You can sell imagery after the fact even if you don't have a 107.
 
As a semi-retired geologist, I have found the use of my P4P2+ to be an amazing aide for looking at outcrops that are difficult to get to. My colleague is preparing a document that he intends to publish in professional journal. He has asked my permission to include a few of my drone stills in is paper. I am not a certified 107 pilot. I am registered as a Recreational Flyer. Would there be any issues with allowing him to use the mages? I am not asking for anything in return but he will credit the photographs in my name.
Dear Geologist - I regret that I am going to disagree with my colleagues on this question. I am replying as a private pilot license for 37 years. I have not had FAA problems myself, but I know people who have run a-foul of the FAA. The FAA has a black-and-white view of the world. If the FAA can find an interpretation that disadvantages the pilot in a conflict, they can and will pick that interpretation. Unless there is case-law which supports the position that an image developed under recreational rules is later used for compensation, I think you want to go into this with your eyes wide open. First, I honestly believe that your risk is very, very low. Enforcement appears to be almost non-existent. Second, I think, you should decline photo credit, since that could qualify as indirect compensation. So, I think, you are mostly safe, but your are not completely free and clear, in my opinion.
For a licensed pilot, the Part 107 test is very easy. But, for a person not familiar with aviation, it is not a piece of cake. If you like doing this kind of imaging, study the rules and take the test. You might like getting credit for what you are doing!
 
As a semi-retired geologist, I have found the use of my P4P2+ to be an amazing aide for looking at outcrops that are difficult to get to. My colleague is preparing a document that he intends to publish in professional journal. He has asked my permission to include a few of my drone stills in is paper. I am not a certified 107 pilot. I am registered as a Recreational Flyer. Would there be any issues with allowing him to use the mages? I am not asking for anything in return but he will credit the photographs in my name.
There are some federal rules that allow for higher ed and post doc researchers to perform this type of work and it would be an exception to the recreational rule.

I would however, suggest you just study and go get your part 107 certificate. It will make you a better, more safe and cautious sUAS pilot. Better for all who travel in the NAS.

Here is the URL to the federal documentation I mentioned above
 
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Dear Geologist - I regret that I am going to disagree with my colleagues on this question. I am replying as a private pilot license for 37 years. I have not had FAA problems myself, but I know people who have run a-foul of the FAA. The FAA has a black-and-white view of the world. If the FAA can find an interpretation that disadvantages the pilot in a conflict, they can and will pick that interpretation. Unless there is case-law which supports the position that an image developed under recreational rules is later used for compensation, I think you want to go into this with your eyes wide open. First, I honestly believe that your risk is very, very low. Enforcement appears to be almost non-existent. Second, I think, you should decline photo credit, since that could qualify as indirect compensation. So, I think, you are mostly safe, but your are not completely free and clear, in my opinion.
For a licensed pilot, the Part 107 test is very easy. But, for a person not familiar with aviation, it is not a piece of cake. If you like doing this kind of imaging, study the rules and take the test. You might like getting credit for what you are doing!
The FAA is quite clear on their stance when it comes to using recreationally taken imagery after the fact for non-recreational use. Not only is the OP's risk low, it's non-existent. Because the FAA doesn't care.

The FAA does not retroactively designate a flight 107 or not. They even have a memo on this. Even though the language is a bit dated (2015), it is still in their UAS document library, and it used for interpretation today. Here is the document: https://www.faa.gov/about/office_or...iams-AFS-80 - (2015) Legal Interpretation.pdf

Basically if someone is asked about using an image taken without a 107, it's 100% legal. They could even charge for it.

So there is no gray area here, nor is the OP going to run afoul of the FAA. He can give or sell his images with full immunity.

However, since his flights looking for outcroppings aren't "strictly for recreational purposes", he does need to obtain his 107 to technically legal.
 
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My two cents...

As long as you are not using the photo credit as intended advertising for "more business" and as long as you are not soliciting "for hire" jobs and are not receiving monetary or other compensation for these or other images, you don't have anything to worry about. I take photographs with a camera and have been since I was twelve years old. I do occasionally have a photograph published. Some with and some without a photo credit but never for monetary compensation.

What the feds would probably be more concerned about would be the unskilled and unregistered folks who think that all it takes is the purchase of a drone and an hour of of practice, to go into business and fly commercially. Public protection from this kind of action would be much more of a concern for the feds than a person like you who once or twice in your lifetime are lucky enough to have a publication interested in one or tow of your creations. The likelihood of the feds harassing you over this is minimal. They have much more important things to worry about. The likelihood of getting caught speeding on our roads is far greater yet millions of us do it without getting caught.

To sum up... Accept the opportunity to live the dream of many photographers and allow your images to be published. Allow the photo credit, hold your head up high and make good use of your bragging rights. Make sure your children and grandchildren have something else to be proud of you for, too.

Also, do you really thing the courts would convict you for something as insignificant as this? I would say the courts would be more pissed at having to waste time on something like this and the feds must know they'd be a laughing stock if they wasted time on this. Go ahead... enjoy the limelight. You very well deserve it.

Don't let the negative opinions of jealous wannabes spoil your fun. Just do it.

It wouldn't hurt to get your Part 107 anyway. You'll learn a lot and if you do have the opportunity to do a "for hire" job, you'll be prepared and legal.
 
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Dear Geologist - I regret that I am going to disagree with my colleagues on this question. I am replying as a private pilot license for 37 years. I have not had FAA problems myself, but I know people who have run a-foul of the FAA. The FAA has a black-and-white view of the world. If the FAA can find an interpretation that disadvantages the pilot in a conflict, they can and will pick that interpretation. Unless there is case-law which supports the position that an image developed under recreational rules is later used for compensation, I think you want to go into this with your eyes wide open. First, I honestly believe that your risk is very, very low. Enforcement appears to be almost non-existent. Second, I think, you should decline photo credit, since that could qualify as indirect compensation. So, I think, you are mostly safe, but your are not completely free and clear, in my opinion.
For a licensed pilot, the Part 107 test is very easy. But, for a person not familiar with aviation, it is not a piece of cake. If you like doing this kind of imaging, study the rules and take the test. You might like getting credit for what you are doing!
I would like to have the part 107 but I am not a pilot. The test has so much to do with flying a airplane and nothing to do with flying a drone. I guess they wanted to come up with a test and this is what they came up with. I could probably to learn alot of the questions but the sectional charts may as well be written in Japanese. I just can't see the point in most of the stuff. I have a friend in the real-estate business I could take a few pictures for to make a little extra money but k told him about the part 10u test. Don't think I have enough brain cells left to do it.
 
Dear Geologist - I regret that I am going to disagree with my colleagues on this question.
Where that logic falls apart is that you are thinking the FAA cares about non-recreational photos.
They don't.
They have no regulations about photos or any imagery.
What they are concerned with is non-recreational flight.
And the flying was done perfectly legally on a completely recreational basis.

Also as mentioned in post #8, a flight that was perfectly legal a year ago can't retro-actively be deemed to be contravening regulations because some images from the old flight are used in a journal article now.
That would be beyond ridiculous.
 
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I would like to have the part 107 but I am not a pilot. The test has so much to do with flying a airplane and nothing to do with flying a drone. I guess they wanted to come up with a test and this is what they came up with. I could probably to learn alot of the questions but the sectional charts may as well be written in Japanese. I just can't see the point in most of the stuff. I have a friend in the real-estate business I could take a few pictures for to make a little extra money but k told him about the part 10u test. Don't think I have enough brain cells left to do it.
Never say never. Where there's a will. there is a way. Imagine how proud of yourself you will be once you've accomplished it. Go for it.
 
Never say never. Where there's a will. there is a way. Imagine how proud of yourself you will be once you've accomplished it. Go for it. say never. Where there's a will. there is a way. Imagine how proud of yourself you will be once you've accomplished it. Go for it.
If you passed the FAA SEL ground school/Flight Test you should have no problem. Take many practice tests for the 107. I have a flash card app and used Drone Pilot Training for FAA Certification: Steps for Success
.
 

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