Personal property ?

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That rules & regulations are being broken on a daily basis.
No one is arguing about that. The question was - is Part 107 required for this purpose? If you are answering - "no it isn't if you break the law" then that's not very helpful.
 
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No one is arguing about that. The question was - is Part 107 required for this purpose? If you are answering - "no it isn't if you break the law" then that's not very helpful.
My opinion is if he used the pic to sell his own house then that is ok, but this is only my opinion. If you want to find out definitely if I am wrong or right ask one of these guys Best Lawyers for Aviation Law in America | Best Lawyers.
 
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My opinion is if he used the pic to sell his own house then that is ok, but this is only my opinion. If you want to find out definitely if I am wrong or right ask one of these guys Best Lawyers for Aviation Law in America | Best Lawyers.
I really don't understand this widespread reluctance to read the laws and regulations. These are not obscure legal documents that require learned interpretation. And if you are Part 107 certified then you will have had to study them as part of the curriculum. Not only are the laws themselves perfectly clear, but the FAA has done the job for you and published explanations and interpretations, both written and in video interviews for those who only use YouTube. I already know that you are wrong. You are, of course, entitled to any opinion you want to hold, but if you cannot figure this out without a lawyer and you haven't asked one, then why are you posting an opinion at all?
 
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On this matter I have a question. Let me first state I'm in Canada so 107 isnt a law here but, I'm strictly a recreational pilot. Recently a friend asked me if I could shoot some promotional footage of property he bought to turn into a campground. I'm happy to help, at no charge since I dont believe I could legally charge anyway. But would free footage I provide him for promotional use on his own behalf be allowed?
I’m in Canada too. Under the current laws here, I don’t think you can do this as a hobbiest but I’m not 100% sure. Even though you are not charging, the video/images would be used by your friend to promote his business/property making them commercial. Even as a volunteer for our local Special Olympics, I cannot take aerial group photos and give them to the organization for promotion even though I have been encouraged to do so, because it then becomes a commercial endeavour even though I would never charge anything.

A while ago I was flying at a local beach (with no one there) and was approached by a woman who was building a new home on a property nearby. She asked me if I would be willing to take photos of the property and offered to pay me. I respectfully declined and explained that I could not do it since I only flew as a hobby. I took her card and gave it to someone I knew was certified.

Chris
 
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The requirement to fly under Part 101 is not determined by whether it is commercial - it's determined by whether or not the flight is recreational. The FAA has several criteria for assessing that. Being paid is the most obvious one, but not the only one. Anything in furtherance of a business also means that it is non-recreational, whether or not the pilot is paid. And using photos or video for personal profit (e.g. to help sell a house) is non-recreational.
Different countries - different laws maybe?
In Oz a commercial endeavour requires some sort of reward.
Copy/paste from CASA site.
The term adopted by CASA to define commercial UAV/UAS/RPAS use. Any form of remuneration for flying an unmanned aircraft in an aerial work operation (AWO), however small the AWO task, the reward or UAV; it constitutes ‘hire & reward’ and is therefore defined as commercial. Refer to CASR101.270.
 
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Different countries - different laws maybe?
In Oz a commercial endeavour requires some sort of reward.
Copy/paste from CASA site.
The term adopted by CASA to define commercial UAV/UAS/RPAS use. Any form of remuneration for flying an unmanned aircraft in an aerial work operation (AWO), however small the AWO task, the reward or UAV; it constitutes ‘hire & reward’ and is therefore defined as commercial. Refer to CASR101.270.
I'm sure that's true, but this question was about US law.
 
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Different countries - different laws maybe?
In Oz a commercial endeavour requires some sort of reward.
Copy/paste from CASA site.
The term adopted by CASA to define commercial UAV/UAS/RPAS use. Any form of remuneration for flying an unmanned aircraft in an aerial work operation (AWO), however small the AWO task, the reward or UAV; it constitutes ‘hire & reward’ and is therefore defined as commercial. Refer to CASR101.270.
You are restricting your enquiry to the meaning of hire and reward. The definition of commercial is not purely restricted to hire and reward. To demonstrate the flight was not for a commercial purpose you would need to show the “flight activity” was “only for the pleasure, leisure or enjoyment of the remote pilot”.
 
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You are restricting your enquiry to the meaning of hire and reward. The definition of commercial is not purely restricted to hire and reward. To demonstrate the flight was not for a commercial purpose you would need to show the “flight activity” was “only for the plecy uhhasure, leisure or enjoyment of the remote pilot”.
What I've posted above is the definition of commercial use fromom the CASA site.
Search CASR 101.270
 
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You are restricting your enquiry to the meaning of hire and reward. The definition of commercial is not purely restricted to hire and reward. To demonstrate the flight was not for a commercial purpose you would need to show the “flight activity” was “only for the pleasure, leisure or enjoyment of the remote pilot”.
Ok so for the sake of argument, lets say I asked if I could fly over his property for fun/practice and afterwards while watching the video he says wow that would be awesome to use in a promotional video. Would that be allowed?
 
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Ok so for the sake of argument, lets say I asked if I could fly over his property for fun/practice and afterwards while watching the video he says wow that would be awesome to use in a promotional video. Would that be allowed?
Technically - yes - that flight falls within the definition of Part 101. And as long as it isn't your regular, demonstrated business model the FAA probably wouldn't care at all.
 
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What I've posted above is the definition of commercial use fromom the CASA site.
Search CASR 101.270
I will check however from recollection 270 does not specify commercial use- it says that an operator certificate is required if RPAS is flown for hire or reward. Producing footage/images for a marketing a property for sale would be covered- particularly where it is your property and in supplying the footage/images you have saved on the cost for engagement of a licensed operator. It doesn’t need to be directly demonstrated monetary consideration, reward takes many forms.
 
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Ok so for the sake of argument, lets say I asked if I could fly over his property for fun/practice and afterwards while watching the video he says wow that would be awesome to use in a promotional video. Would that be allowed?
If that was the facts- that is your intent for the flight was fun/practice.
 
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I will check however from recollection 270 does not specify commercial use- it says that an operator certificate is required if RPAS is flown for hire or reward. Producing footage/images for a marketing a property for sale would be covered- particularly where it is your property and in supplying the footage/images you have saved on the cost for engagement of a licensed operator. It doesn’t need to be directly demonstrated monetary consideration, reward takes many forms.
Remotely piloted aircraft system definitions and abbreviations
 
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Did you check the link above where it says
The term adopted by CASA to define commercial UAV/UAS/RPAS use.
Yes. It’s a guide/example. You need to go to the legislation for the answers. I also saw the original CASA official fly safe video on YouTube where the drone footage was in restricted airspace close the Sydney Harbour Bridge. As you are probably aware renumeration, as it is ordinarily understood, defines salary and other benefits in connection with employment. If that definition was correct every self employed operator could do whatever they felt like....
 
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We'll just have to agree to disagree.
Like most rules it's open to different interpretations.
LOL- well drafted rules have little room for interpretation. The reality is the worst you might get is a warning letter assuming the authorities knew about it and could be bothered doing anything about it.
 
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I just renewed my sub 2kg permit until 2022 so I'll stick with that for now.
No doubt it will get changed and then I'll go under the no reward definition until told otherwise.
Like most agents I use mine in real estate but unlike others I don't charge anything extra same as i don't charge for ordinary pics taken with the DSLR.
Some agents ask ridiculous prices.
 

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