Hi Everyone,

I recently bought the DJI mini 2 and I'm absolutely loving it. However, I recently flew over some National Trust land which created beautiful shots and footage. I'm well versed in the law behind flying over National Trust land now, which I understand is completely legal whilst following the drone code. However, a local newspaper has contacted me to use the footage, without payment so it wouldn't be a commercial flight. The flight path records may show that I took off from their land, which I did unknowlingly.

Does anyone have any experience with the National Trust? If they were to find out if I let the newspaper use my footage, would they bother chasing after me, and if so would they just fine me the £12 stated in their bye-laws or would they even begin civil proceedings?

This is such a struggle, I just want to share what I capture with people who are interested!

Thanks in advance for any advice.

Ive noticed locally the national trust has been busy updating their signage to include no drone statements so they might be more interesting in clamping down on now.

https://www.nationaltrust.org.uk ... policy-on-drone-use

The NT are very anti drone - you were lucky not to have been caught red handed - I would leave it at that and most definitely not give the evidence to a paper to publicise. If they trace it back to you I think a fine of £12 will short of a some zero's

Well, I'm in the US, but I can feel your cautiousness.....
You "could" just give it to them and also use a "Nom DePlume", (i.e. fake name), and then they could use it, folks would get to see it....
But first I would scrub/mask all meta data on the file first.....

Hello there Smithster1. Thank you for reaching out and for posting these information here at DJI  Forum. I hope that you will get the best information from our fellow DJI co pilots who had flown there DJI drones over National Trust Land. In addition I will also post a DJI Forum post with regards to this matter as well for additional reference. Thank you.

https://forum.dji.com/forum.php? ... &extra=page%3D1

I read their policy on drones, and I doubt that any of it is enforceable. The CAA make the rules under which you fly in the UK, not the National Trust. As long as you do not take-off or land on their property, I am pretty sure there is nothing they can do to you, as is the case pretty much anywhere else in the world.

Geebax Posted at 12-3 20:25
I read their policy on drones, and I doubt that any of it is enforceable. The CAA make the rules under which you fly in the UK, not the National Trust. As long as you do not take-off or land on their property, I am pretty sure there is nothing they can do to you, as is the case pretty much anywhere else in the world.

It's kind of like that in the US too. But I would not assume it is the same in the UK. I can fly over wildlife preserves here as long as I do not disturb the wildlife....whatever that means.

GaryDoug Posted at 12-3 20:34
It's kind of like that in the US too. But I would not assume it is the same in the UK. I can fly over wildlife preserves here as long as I do not disturb the wildlife....whatever that means.

Same here in Australia. But the overall point of noting is that, other than the national body that controls aviation, you do not have any jurisdiction over the sky, and I imagine that would be the same in the UK, as our laws are pretty similar. My feeling is that it is all a giant bluff, they most likely have no control over aerial images of their properties, like everyone else.

Otherwise, can you imagine the problems if you had to get permission from anyone whose property was shown in an aerial photograph?

It would not have been the first time anyone was 'caught' after the fact via footage.
It happens here in NL too.
I would state I do not want to be mentioned!

The OP said "The flight path records may show that I took off from their land" - but unless the newspaper posts your flightpath they, the NT, would have to prove you took off from their land - it is not up to you to prove the opposite and they cannot demand "evidence" from you either as they have no criminal prosecution powers.

As other have said landowners in the UK do not have any rights to the air above their land. There are specific regulations in place to protect air-space but that does not grant the landowner any ownership.

The OP should even go further and ask the newspaper to point out the law over air over land to it's readers.

Peter Galbavy Posted at 12-4 00:48
The OP said "The flight path records may show that I took off from their land" - but unless the newspaper posts your flightpath they, the NT, would have to prove you took off from their land - it is not up to you to prove the opposite and they cannot demand "evidence" from you either as they have no criminal prosecution powers.

As other have said landowners in the UK do not have any rights to the air above their land. There are specific regulations in place to protect air-space but that does not grant the landowner any ownership.

Thanks everyone for their replies, this is definitely a contested area and it’s really disproportionate for the NT to imply there’s a blanket ban when in actual fact they don’t have rights over their airspace as a few of you correctly state. In any case, I’ve already filmed the footage, they didn’t catch me whilst I was out there and at the time I didn’t even know it was an issue.

I’m inclined to agree with Peter, but my only worry is that they will in fact try and drag it through the courts as a form of trespass. Perhaps I’m overreacting, but does anyone know of any instance where the NT have pursued a prosecution for something like this? I’m yet to find any.

Smithster1 Posted at 12-4 01:02
Thanks everyone for their replies, this is definitely a contested area and it’s really disproportionate for the NT to imply there’s a blanket ban when in actual fact they don’t have rights over their airspace as a few of you correctly state. In any case, I’ve already filmed the footage, they didn’t catch me whilst I was out there and at the time I didn’t even know it was an issue.

I’m inclined to agree with Peter, but my only worry is that they will in fact try and drag it through the courts as a form of trespass. Perhaps I’m overreacting, but does anyone know of any instance where the NT have pursued a prosecution for something like this? I’m yet to find any.

It is through bylaws that the Trust can legally impose fines. The fines are typically too small to take to court but if you take off &/or land on Trust land and get caught by a ranger they will 100% approach and confront you and may at least involve the police. Probably explains why I too have never been made aware of any individual drone pilot being fined by the NT.

Any renumeration gained from the material taken with the drone without permission will get you into even hotter water though as to fly commercially you will need a PfCO - without that you will be breaching both the National Trust bylaws and the UK CAA air navigation order.

As long as you &/or a third party do not profit in anyway from the photos or video then it should be OK but if the papers are being sold and a profit made (even if you don't see the money) and the national trust discover the publications then an enquiry may be made via the CAA and police.

Had you taken off and safely landed from nearby private land with the owners permission and followed the drone code when airborne then again, the matter would not be specific to the NT who would have no case against you but the fact you have flown commercially without permission will be the offence in this case as is the fact that you have openly stated that you took off from NT land and broke their bylaws in doing so...

Not sure when you took the footage, but if it was during a lockdown period I’m pretty sure drone flying doesn’t constitute as daily exercise.  Ignoring the NT land issue, my understanding is if the initial footage/ photo was not produced with the intention of profit or sale, you are able to sell your footage post flight (I personally wouldn’t distribute the NT footage).

Just let them use it but say you don't want any recognition and keep anonymous  All of these rules and nonsense make little sense, Most people don't understand them, many think they do and get them wrong and others try to make money off the back of them.... There are no drone police and what police there are are not interested.

Just be sensible and respectful where you fly.

And if it is a mini 2 it is so small and quiet what harm can you be doing.

Get ready for all the OCD Rule quoters and copy and pasters who will most certainly chime in very soon

Other considerations aside, would the publication in a paper raise privacy issues?  
How did the paper find out about these images?
Does the paper employ solicitors, if so would they allow you access to those solicitors to determine what is and is not permitted?
Personally, I would prefer not to be a test case or leave myself open to possibly becoming one.