That's something else I've wondered about. If I simply post the video to Youtube and set it to "monetize," does that constitute commercial use? Commercial use involves more than just the flight regs.
I think the regs say that anything but recreational is commercial use. IIRC there have been photographers who have gotten in trouble for using the drone as a camera platform. Like taking photos of a house for sale or a happy couple at a wedding. So I'm sure monetize on youtube would be commercial use. So would the IRM having a link from their site to your youtube videos, because of your relationship with them.
Potential shoots at IRM aside for the moment, what I have done so far is strictly done for recreation. Then I put it on Youtube to share it with selected other people. This is still recreation. If I widen the audience and monetize it, does that change it after the fact into commercial use?
If I'm out just being recreational and happen to take a picture of something newsworthy and sell the shot to a magazine, does that constitute commercial use?
I think the FAA needs to clarify these questions.
They might defer to the IRS regulations, which are as clear as mud. Then they might go find NPS regulations or USFS regulations on photography. They want permits in advance for most anything that isn't tourist.
They might go for a "state of mind" thing. Could you have reasonably expected to get photography to sell by your flight? Example, you sell it to a railfan publication. Yes you could have. Example, you happen to get a train striking a 18 wheeler at a grade crossing and sell it to the TV news. No you couldn't predict that in advance.
I'd say from all the drone vids on youtube that some hobby flying isn't going to get anyone upset if it gets published, but pay per view would be another matter.
Formally a "commercial pilot" in Australia is one whom operates an aerial vehicle for "commercial purposes" defined as :
Quote:
206 Commercial purposes (Act, s 27 (9)) (1) For the purposes of subsection 27 (9) of the Act, the following commercial purposes are prescribed: (a) aerial work purposes, being purposes of the following kinds (except when carried out by means of a UAV): (i) aerial surveying; (ii) aerial spotting; (iii) agricultural operations; (iv) aerial photography; (v) advertising; (vi) flying training, other than conversion training or training carried out under an experimental certificate issued under regulation 21.195A of CASR or under a permission to fly in force under subregulation 317 (1); (vii) ambulance functions; (viii) carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft (not being a carriage of goods in accordance with fixed schedules to and from fixed terminals); (ix) any other purpose that is substantially similar to any of those specified in subparagraphs (i) to (vii) (inclusive); (b) charter purposes, being purposes of the following kinds: (i) the carriage of passengers or cargo for hire or reward to or from any place, other than carriage in accordance with fixed schedules to and from fixed terminals or carriage for an operation mentioned in subregulation 262AM (7) or under a permission to fly in force under subregulation 317 (1);
Federal Register of Legislative Instruments F2006C00451
Part 14 Air service operations Division 1 General Regulation 207
102 Civil Aviation Regulations 1988
(ii) the carriage, in accordance with fixed schedules to and from fixed terminals, of passengers or cargo or passengers and cargo in circumstances in which the accommodation in the aircraft is not available for use by persons generally; (c) the purpose of transporting persons generally, or transporting cargo for persons generally, for hire or reward in accordance with fixed schedules to and from fixed terminals over specific routes with or without intermediate stopping places between terminals. (1A) However, the commercial purposes prescribed by subregulation (1) do not include: (a) carrying passengers for hire or reward in accordance with subregulation 262AM (7); or (b) carrying out an activity under paragraph 262AM (2) (g) or 262AP (2) (d). (2) In this regulation: aircraft endorsement has the same meaning as in regulation 5.01. conversion training means flying training for the purpose of qualifying for the issue of an aircraft endorsement.
which has the deliberate exception that I've highlighted in red. "Aerial vehicle" has another definition that I won't bore you with, having the expected set of craft while not including, say, an arrow shot from a bow by an archer. But it does cover the release of a weather balloon. UAV would include the standard model aero club stuff, while still subject to law ( mainly keep under 400ft above local datum ) is not 'commercial' even if you had hired it out etc. It could well include rocketry along the lines of SpaceX but as no one is doing that DownUnda it is moot anyway. When I was flying* I could have carried passengers and remained in the 'private pilot' category, but only if my time/effort was not re-imbursed ( the passengers could contribute to the cost of hiring, fuel, landing charges etc ).
In Australia a 'drone' ( any size, operated for any purpose, autonomous activity or not ) is a UAV by another name and has had specific mention in the regulations for some time. The money shot is basically here :
Quote:
In general, when operating in controlled airspace, UAVs should be operated in accordance with the rules governing the flights of manned aircraft as specified by the appropriate ATS authority. UAVs should be able to comply with ATC regulations and equipment requirements applicable to the class of airspace within which they intend to operate.
ie. transponder et al ... so while we flew outside/under Tullamarine's controlled volume we still had to have the transponder operating because we showed up on their radar.
Cheers, Mike.
* I was never aiming for a commercial license, but I had know to much of this, lest I accidentally function as one and/or be deemed as one.
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
[pre]Hobby or Recreation
-------------------
Flying a model aircraft at the local model aircraft club.
Taking photographs with a model aircraft for personal use.
Using a model aircraft to move a box from point to point without any kind of compensation.
Viewing a field to determine whether crops need water when they are grown for personal enjoyment.[/pre]
[pre]Not Hobby or Recreation
-----------------------
Receiving money for demonstrating aerobatics with a model aircraft.
A realtor using a model aircraft to photograph a property that he is trying to
sell and using the photos in the property’s real estate listing.
A person photographing a property or event and selling the photos to someone else.
Delivering packages to people for a fee.
Determining whether crops need to be watered that are grown as part of commercial farming operation.[/pre]
Which I propose would mean that recording train activity as you have is for personal use/enjoyment/hobby/recreation but to on-sell the content is obviously not ( regardless of when you formed the intention to do so ).
Cheers, Mike.
( edit ) For example if you perchance recorded O.J.Simpson actually not committing a crime, or Charlie Sheen behaving normally, or Lindsay Lohan apparently sober, then it would be non-recreational to sell the footage .... however newsworthy. :-)))
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
Motorways are built in the UK as elsewhere to motorway standards, not aviation ones.
Yes and no. During the Cold War the MOD required that certain UK motorways had sections to runway standards, that could be used by fighter aircraft in times of war. The cold war ended in 1991 nearly 1/4 century ago. These days they are built and repaired to motorway standards. In any case 21C warfare is hardly likely to centre around bombing airfields and fighter aircraft, that was WWII stuff. It will be all about ballistic missile warships and submarines.
Waiting for Godot & salvation :-)
Why do doctors have to practice?
You'd think they'd have got it right by now
Is it bad that SETI has 6 times as many WUs as my current queue of Einstein atm? (One of which is about to finish soon so it will be 9x in the near future...)
Howdy !
You can adjust the 'Resource Share' by going in to your account settings and clicking on Einstein@home preferences.
Adjust the resource share to a desired amount (say 1000 ) then go and
do the same a Seti. If you then adjust Seti to (say 500) then
theoretically Einstein would get more work (Highly recommended : )
HTH
Bill
The Resource shares are exactly the same. I'm just giggling inside that there were lots of WUs being tossed about for SETI on mine And I shall change asap. ;)
Seti had a config problem and some people got over a 1000 workunits, the max is supposed to be 200 per pc. It is fixed now.
Daid said
Quote:
If I'm out just being recreational and happen to take a picture of something newsworthy and sell the shot to a magazine, does that constitute commercial use?
I think the FAA needs to clarify these questions."
I'm thinking it probably has to do with are you running a business or did you just happen to take a picture/movie of something that is interesting right now. For example you are flying around your train yard and the President of the US is seen getting on and off a train car with someone else important, and you sell the resulting pictures/movies. To me that is not a business, it is an opportunity you happened onto and took advantage of. BUT if you knew the meeting was taking place and intentionally took the pictures/movies to then potentially sell them, then you are operating a business. IOW was your intent to fly the drone to take the pictures to possibly sell them, or was the intent to just be out flying the drone and you happened across a news worthy event. Most of the people that take pictures of celebrities are called paparazzi and they get paid to do that, but lots of times ordinary people see things too, and they can also get paid for some of their pictures, but it doesn't mean that they are all of a sudden running a business.
The youtube money making thing could be a different story, but the same idea...are you taking the pictures/videos for the purpose of putting them on youtube and selling them? If so then yes it's a business, BUT the Feds may not have gotten that far in their law enforcement yet so you could be okay for awhile, but eventually they will figure that out too and find ways to get taxes from you there too.
On Ebay the big thing now is to charge a very low price for the item but very high shipping costs because EBay doesn't take a cut of the shipping costs, just the sale price of the item, but eventually EBay will figure it out and people will be paying for that too. Youtube and the IRS will figure it out too eventually, waaaay too many people claiming they are making hundreds of thousands of tax-free dollars on there for them not too.
California had a rash of airplanes landing on freeways for a while, probably after some new stories about the Interstates really being 'take-off and landing strips in emergencies'. That's NOT true, but internet legends die hard.
UK motorways are built to Aircraft runway standards, for use by fighter aircraft in war.
Quote:
Quote:
Motorways are built in the UK as elsewhere to motorway standards, not aviation ones.
Yes and no. During the Cold War the MOD required that certain UK motorways had sections to runway standards, that could be used by fighter aircraft in times of war.
Hmm, i'm intrigued.
What runway standards are you referring to?
Which motorway specifically?
A list of countries who do go (or have gone) to the trouble is listed here wiki.
I believe the motorways that were so designated to have these sections were ones that passed close to the major airfields at the time. I believe M1, M2, M4 and M6, but there may have been others. Some of that stuff is still classified, so stop poking.
BTW your name is missing the last word i.e. Provocateur. Enjoy your undies :-)
Waiting for Godot & salvation :-)
Why do doctors have to practice?
You'd think they'd have got it right by now
And the highly classified super secret LA alternative strip (The 4-level). favors n/s e/w landing with interchange taxi ways. Not for the faint-of-heart.
I'm thinking that these secret alternative landing strips won't be of much good if we have to resort to using them.
RE: RE: RE: That's
They might defer to the IRS regulations, which are as clear as mud. Then they might go find NPS regulations or USFS regulations on photography. They want permits in advance for most anything that isn't tourist.
They might go for a "state of mind" thing. Could you have reasonably expected to get photography to sell by your flight? Example, you sell it to a railfan publication. Yes you could have. Example, you happen to get a train striking a 18 wheeler at a grade crossing and sell it to the TV news. No you couldn't predict that in advance.
I'd say from all the drone vids on youtube that some hobby flying isn't going to get anyone upset if it gets published, but pay per view would be another matter.
Formally a "commercial pilot"
Formally a "commercial pilot" in Australia is one whom operates an aerial vehicle for "commercial purposes" defined as :
which has the deliberate exception that I've highlighted in red. "Aerial vehicle" has another definition that I won't bore you with, having the expected set of craft while not including, say, an arrow shot from a bow by an archer. But it does cover the release of a weather balloon. UAV would include the standard model aero club stuff, while still subject to law ( mainly keep under 400ft above local datum ) is not 'commercial' even if you had hired it out etc. It could well include rocketry along the lines of SpaceX but as no one is doing that DownUnda it is moot anyway. When I was flying* I could have carried passengers and remained in the 'private pilot' category, but only if my time/effort was not re-imbursed ( the passengers could contribute to the cost of hiring, fuel, landing charges etc ).
In Australia a 'drone' ( any size, operated for any purpose, autonomous activity or not ) is a UAV by another name and has had specific mention in the regulations for some time. The money shot is basically here :
ie. transponder et al ... so while we flew outside/under Tullamarine's controlled volume we still had to have the transponder operating because we showed up on their radar.
Cheers, Mike.
* I was never aiming for a commercial license, but I had know to much of this, lest I accidentally function as one and/or be deemed as one.
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
David, check out this FAA
David, check out this FAA guide, a US industry initiative and a related special regulatory ruling. That last one has an example chart on page 11 ( reproduced here ) :
[pre]Hobby or Recreation
-------------------
Flying a model aircraft at the local model aircraft club.
Taking photographs with a model aircraft for personal use.
Using a model aircraft to move a box from point to point without any kind of compensation.
Viewing a field to determine whether crops need water when they are grown for personal enjoyment.[/pre]
[pre]Not Hobby or Recreation
-----------------------
Receiving money for demonstrating aerobatics with a model aircraft.
A realtor using a model aircraft to photograph a property that he is trying to
sell and using the photos in the property’s real estate listing.
A person photographing a property or event and selling the photos to someone else.
Delivering packages to people for a fee.
Determining whether crops need to be watered that are grown as part of commercial farming operation.[/pre]
Which I propose would mean that recording train activity as you have is for personal use/enjoyment/hobby/recreation but to on-sell the content is obviously not ( regardless of when you formed the intention to do so ).
Cheers, Mike.
( edit ) For example if you perchance recorded O.J.Simpson actually not committing a crime, or Charlie Sheen behaving normally, or Lindsay Lohan apparently sober, then it would be non-recreational to sell the footage .... however newsworthy. :-)))
I have made this letter longer than usual because I lack the time to make it shorter ...
... and my other CPU is a Ryzen 5950X :-) Blaise Pascal
RE: Motorways are built in
Yes and no. During the Cold War the MOD required that certain UK motorways had sections to runway standards, that could be used by fighter aircraft in times of war. The cold war ended in 1991 nearly 1/4 century ago. These days they are built and repaired to motorway standards. In any case 21C warfare is hardly likely to centre around bombing airfields and fighter aircraft, that was WWII stuff. It will be all about ballistic missile warships and submarines.
Waiting for Godot & salvation :-)
Why do doctors have to practice?
You'd think they'd have got it right by now
RE: RE: RE: Is it bad
Seti had a config problem and some people got over a 1000 workunits, the max is supposed to be 200 per pc. It is fixed now.
Daid said
I'm thinking it probably has to do with are you running a business or did you just happen to take a picture/movie of something that is interesting right now. For example you are flying around your train yard and the President of the US is seen getting on and off a train car with someone else important, and you sell the resulting pictures/movies. To me that is not a business, it is an opportunity you happened onto and took advantage of. BUT if you knew the meeting was taking place and intentionally took the pictures/movies to then potentially sell them, then you are operating a business. IOW was your intent to fly the drone to take the pictures to possibly sell them, or was the intent to just be out flying the drone and you happened across a news worthy event. Most of the people that take pictures of celebrities are called paparazzi and they get paid to do that, but lots of times ordinary people see things too, and they can also get paid for some of their pictures, but it doesn't mean that they are all of a sudden running a business.
The youtube money making thing could be a different story, but the same idea...are you taking the pictures/videos for the purpose of putting them on youtube and selling them? If so then yes it's a business, BUT the Feds may not have gotten that far in their law enforcement yet so you could be okay for awhile, but eventually they will figure that out too and find ways to get taxes from you there too.
On Ebay the big thing now is to charge a very low price for the item but very high shipping costs because EBay doesn't take a cut of the shipping costs, just the sale price of the item, but eventually EBay will figure it out and people will be paying for that too. Youtube and the IRS will figure it out too eventually, waaaay too many people claiming they are making hundreds of thousands of tax-free dollars on there for them not too.
RE: RE: California had a
Hmm, i'm intrigued.
What runway standards are you referring to?
Which motorway specifically?
A list of countries who do go (or have gone) to the trouble is listed here wiki.
Internet legends die hard...
RE: Internet legends die
Yes they do.
I believe the motorways that were so designated to have these sections were ones that passed close to the major airfields at the time. I believe M1, M2, M4 and M6, but there may have been others. Some of that stuff is still classified, so stop poking.
BTW your name is missing the last word i.e. Provocateur. Enjoy your undies :-)
Waiting for Godot & salvation :-)
Why do doctors have to practice?
You'd think they'd have got it right by now
Doesn't some people using
Doesn't some people using them anyway:
Small plane lands in middle of highway in US
And the highly classified
And the highly classified super secret LA alternative strip (The 4-level). favors n/s e/w landing with interchange taxi ways. Not for the faint-of-heart.
I'm thinking that these secret alternative landing strips won't be of much good if we have to resort to using them.
This one was apparently a
This one was apparently a serious proposal for London - in 1931.
King’s Cross Airport