trailtec.email
lvl.2
Australia
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Oke, before I comment on the above let me just reinforce the point gnixon has made.
Whenever someone gives an opinion on a law whether they be "The man on the Clapham omnibus" (the British law's definition of the average person), a lawyer or even a LEO they are giving just that, an opinion. In the first case it's a lay opinion, the second is a legal one and the third is an interpretation of the law. None of these are gospel until they have stood up in court including an appeal. Even the sheriff was simply interpreting a law (and in a way that benefited him I may ad) and the Chief LEO a couple of towns over may see it differently. As gnixon said one lawyer's opinion is nowhere near establishing status quo until it's been tried and tested in court and often either more than once or thru an appeal process right up the the highest court that applies.
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Now, this "do it for free and charge for the edit" worries me because the law says "for business purposes" not "for direct financial gain". To my way of thinking any time you use a drone for a purpose that is related to business that is business purposes. You may not be paid directly for the footage but obtaining that footage is a part of conducting your business and therefor a "business purpose".
For example, a realtor using a drone to take his own footage is not going to be paid directly for the footage but it's hard to deny it's not a business purpose isn't it? The same goes for someone who's business is editing and producing promotional videos. Without the drone taking the footage he would not have it to edit and get paid to do so. From another angle a company does not get income directly from it's delivery van (assuming they are not a delivery company) but it is still used for business purposes and is in fact registered as such, a business vehicle.
I volunteer as Business Development Manager for our local Show Society (US guys think County Fair Board) and I would love to take some aerials of our Sunday Markets and use them on the market's facebook page and website but even as a volunteer and not charging my opinion (and that of a friend who specialises in aviation law) is that would still constitute business use as a business (the society markets) would be using the footage in a business manner by promoting the markets and that constitutes business use. I wish we had a US based lawyer on here, I'd love further learned opinion from that side of the pond.
IMHO there is no way this defence would stand up in court for a moment. Maybe US law is radically different on this point to Australian but the argument looks to be universal to me.
Discuss . . .
PS: I'm not picking on anyone, I quite enjoy discussing this kind of point so don't beat me
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