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Non-Commercial vs. Commercial use of Phantom Video
904 11 2016-6-13
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edward.smathers
lvl.1

United States
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Hello All - This is my first post to the forum, so please take it easy on me.

I have done quite a bit of research and it seems there is a lot of "grey" area in regard to commercial use of the Phantom. I know that I cn post to YouTube and even monetize the video without having too much of an issue. I am sure my situation is not unique, so I figured I would ask;

If I capture video, via drone and DSLR, edit it together and post it to YouTube in order to be used for my website (www.digthe falls.com), does that constitute commercial use?

The site is purely educational in purpose. I do eventually want to turn a profit (which I have been unable to do in over 10 years...), but it is not of the utmost importance. What is most important is sharing the lcoations I visit with everyone.

Thought's?

Thanks in advance!!

Edward

PS - What if a video goes viral, through no fault of my own, and I had it monetized? (just an afterthought)
2016-6-13
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markaguille
Captain
Flight distance : 2031818 ft
Guernsey
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If the video goes viral, whos fault will it be?

Not sure about FAA but in the UK if you get anything out of what you're doing with your drone, be it money or even a bottle of wine from someone to say thanks for taking a picture of my house, technically that is classed as commercial. Chances are, if you don't fly like an idiot and get reported then FAA will have no reason to investigate you.
2016-6-13
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Geebax
Captain
Australia
Online

The laws (in any country) are pretty much common sense. It is the intent that matters, in other words, was it your intent to make money out of the material you shot? So, if you went out and hired yourself to shoot real estate or wedding material, yes the intent to make money is there.

Shoot something and put it on Youtube and it is a slightly different story, sure you are still making money in a vague sense, but no-one is really going to waste their time and resources going after you. Others here will say is it still making money, but in practical terms, they won't bother to come after you.

I do something similar to you, in that I use my drone to capture footage which is used in a web site that is a historical archive of material.


2016-6-13
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labroides
Captain
Flight distance : 9991457 ft
Australia
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For all the fuss made about it in forums and the large number of amateurs that are flying for dollars, the FAA still hasn't charged anyone for illegal commercial use.
2016-6-13
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Dig The Falls
lvl.1

United States
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markaguille Posted at 2016-6-14 02:35
If the video goes viral, whos fault will it be?

Not sure about FAA but in the UK if you get anythin ...

Good points - It's interesting, but I had a friend with a Phantom3 say pretty much the same thing to me; "As long as you don't fly like a D***, you will be OK".
Thanks markguille, Geebax and labdroides!
It is pretty much as I figured, but I thought I would bring it up anyway. There are no shortages of unknown waterfalls in New York and I sure would hate to have any shoots be stopped by such a vaguely descriptive law.
2016-6-14
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Dig The Falls
lvl.1

United States
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As a follow up - Which I am sure everyone here got: http://links.govdelivery.com/tra ... ry.cfm?newsId=20515
2016-6-21
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DJI-Ken
DJI team
Flight distance : 1515312 ft
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United States
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I've had my 333 exemption for over a year and what I was led to believe is if your video benefits someone then it is considered commercial and needs an exemption.
BUT, I have never seen that challenged or have never seen the FAA say that it would be considered a commercial flight.
So I don't think there is an exact specific answer.
2016-6-21
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Dig The Falls
lvl.1

United States
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DJI-Ken Posted at 2016-6-21 13:19
I've had my 333 exemption for over a year and what I was led to believe is if your video benefits so ...

"benefit"... That is a rather wide statement as well... One could argue that any video viewed benefits the viewer in some way shape or form.

I saw the new FAA rules came out, but wonder how difficult the testing is in order to get the exemption, without hiring a pilot (because my site has no income is almost purely educational).
2016-6-22
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DJI-Ken
DJI team
Flight distance : 1515312 ft
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United States
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Dig The Falls Posted at 2016-6-23 03:31
"benefit"... That is a rather wide statement as well... One could argue that any video viewed bene ...

I'm not sure it will be an exemption but rather just a license to operate commercially.
But we'll all see what happens in August
2016-6-22
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artworksmetal
lvl.2

United States
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If  I read the new rule correctly, the following tests currently exist:
Test Name Test Code
Recreational Pilot—Airplane RPA
Recreational Pilot—Helicopter RPH
Recreational Pilot—Gyroplane RPG
Private Pilot—Airplane/Recreational Pilot—Transition PAT
Private Pilot—Helicopter/Recreational Pilot—Transition PHT
Private Pilot—Gyroplane/Recreational Pilot—Transition PGT
Private Pilot—Airplane PAR
Private Pilot Canadian Conversion—Airplane PCP
Private Pilot—Helicopter PRH
Private Pilot—Gyroplane PRG
Private Pilot—Glider PGL
Private Pilot—Balloon—Hot Air PBH
Private Pilot—Balloon—Gas PBG
Private Pilot—Airship PLA
Private Pilot—Powered Parachute PPP
Private Pilot—Weight-Shift Control PWS

There will be an additional one geared towards sUAS knowledge. Which will no doubt include some basic requirements of aeronautics in general.

I'm trying to picture the test for how to pilot a Hot Air Balloon.
2016-6-22
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MD_Icarus
Second Officer
United States
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If they use common sense,

then making money from indirect youtube ad payments should not designate you as commercial; (because the direct purpose of the video was for hobby, you then placed it online, and some people liked it, which resulted in ads been added).  Just make sure you have a few types of videos in the same account, some made from a regular camera.
2016-6-22
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davidamark
lvl.1

United States
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artworksmetal Posted at 2016-6-23 03:50
If  I read the new rule correctly, the following tests currently exist:
Test Name Test Code
Recreati ...

If you want to see the subject areas that will be covered on the test when it is eventually developed, go here:

http://www.faa.gov/uas/getting_s ... s/becoming_a_pilot/

Scroll down to the Application Process section, item 2.
2016-6-22
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