I will be getting the Phantom 4 soon and i was curious what were the restrictions and limitations that come with the footage I get from the camera?

I read online that there are laws against commercial use of the drone but it was not very clear on what it meant by "Commercial" For example:
I wanted to get footage of the conventions i go to throughout the year. If i were to upload them to youtube but kept monitization off would i be alright? If alot of people wanted to see more footage could i start a patreon and take money to keep making more and better footage?

Another Example:
I live in a semi-rural area and could get some very nice footage of fields and forests. Could i sell the footage to Shutterstock as Stock Footage or does that fall under the "Commercial" use?

I ask because i would not be working for a company of sorts or being hired to take footage rather than just doing something with my own footage i get. I am not sure, since i would not be working with anyone, if selling it myself would not be considered "commercial" by the State Law. Does anyone know specifics and can give me more clear answers?

The FAA website has definitions, recommendations and guides.  That would be the only source for authoritative info.

Any profit AKA making money of any stills or videos you make thru the drone is considered commercial and you need the 107

dronist Posted at 2017-1-31 10:57
Any profit AKA making money of any stills or videos you make thru the drone is considered commercial and you need the 107

The 107? IS that a specific form?

Top C. Cret Posted at 2017-1-31 11:15
The 107? IS that a specific form?

No that is the certification test that you need to take to be able to make money/business out of the use of the drone.

https://www.faa.gov/uas/getting_ ... s/becoming_a_pilot/

As far as the images are concerned you own the copyright. If you use those images in a commercial manner you will need to have releases from anyone who appears and is reconisable.

Cash is not the only form of payment considered as payment.  Trading for a product or meals is also considered commercial use. Say you are offered exchange for a bar tab.
This is payment or compensation.  If someone says you can go on my boat but I want some vids for myself....This is compensation.
Anytime you get something for vids or photos it is considered compensation.....same as cash.

It is confusing but here's my understanding:

By default, everybody who flies a UAS in the U.S. by assumption flies under FAR Part 107.  

https://www.faa.gov/uas/media/Part_107_Summary.pdf

Note the heading.  It doesn't specifiy whether the UAS is commercial or not.  It simply says SUMMARY OF SMALL UNMANNED AIRCRAFT RULE (PART 107).

However, if you scroll to the very end of the document, you can see that Part 107 doesn't apply to certain "model aircraft" provided those pilots "satisfy all the criteria" in the public law listed.  This means that if any of the criteria of the public law listed is not satisfied, the aircraft's flight defaults back to Part 107.  

In threads like this, you'll often read a post where somebody explains that if you make a mistake as a hobbyist and break a rule, your flight "defaults to Part 107."  This is what they're talking about.  

So it seems to me what you should worry about are not the laws for commercial use, but rather the laws for hobby use.


If you're flying in the US has a hobbyist, you are flying under Public Law 112-95 Sec 336, or put another way, you're flying under FAR Part 101.  That means you must be flying strictly for hobby or recreational use.  The important word here, I think, is strictly.  

Otherwise, you're flying commercial or inside or not at all.  

So in other words, to do the things you are describing in the OP, you need to get a Part 107 certification.  

I believe i understand now. Thank you, everyone, for the help.

solved