AerialLens
lvl.3
United States
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I agree with Licensed Pilot because they are, after all, the authority. That said, my interpretation (and I am NOT the authority) is that INTENT plays a big role in the interpretation. If you DONATE your work, that is your intent. Period. It is not yours anymore - you signed it off to someone else (unless you retained the copyright, as you can - or is that automatic? If so, assign the copyright to them as well, I guess). Anyway, YOU won't see any money from making the image, giving away the image, or a later sale of the image, right? I think it really has to relate to your intent as the aerial photographer...otherwise it could just get silly after the image passes hands a few times.
If you donate your work KNOWING someone is going to turn a profit for its use, that would be perhaps different. About a year and a half ago, some parties at the FAA were pushing a little too hard regarding the monetary stream (how far downstream can you go before someone makes a financial return; I gave it to my friend, who donated it to a group, who auctioned it to an unnamed fellow, who sold it to an unknown lady at a garage sale, who published it and made even more money....see what I mean). Anyway, it can get silly, yes? I believe they (FAA) are far more reasonable now.
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