Can you Monetize your Videos that you shot as a Recreational Pilot flying for Fun and you are now Part 107 UAS Certified? Answer: Probably Yes!

General Discussion
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**This posting is specific for Drone Pilots in the USA under the authority of the FAA… **

**I have been an active participant on several Web sites dedicated to Drones, specifically: DJI Forum, MavicPilot, DronePilot, PhantomHelp, and Pilot Institute’s Community 101 and one question that keeps getting asked over and over again and each time receiving a different version of two answers is “Yes you can…” and “No you can’t…” and the rational behind the various answers ranges from the astute to the inane… **

So, I decided to finally go to the “Horse’s Mouth” (the “FAA UAS Support Center”) and get a Definitive Answer that you can take to the Proverbial Bank, so to speak…

My Email to the FAA UAS Support Center is on the bottom of the attachment and their reply is on the top.

The deciding factor of whether you can move your fun photos and videos from your Family Social Media accounts where you shot them recreationally to keep Grandma up to date… Is “Intent…”

They use the storyline of “Big Foot” where you and some friends go camping in the woods one weekend and you take your drone to get some imagery of the scenery. You have no intent to use that drone imagery for anything other than your personal enjoyment.

A few days after your camping trip you are looking at the video and to your astonishment, you have captured imagery of Big Foot. Before you know it the National Enquirer is at your door with a huge financial offer for the imagery.

Can you sell it? You did not take it with the intent of spotting Big Foot, so the FAA is unlikely to try to prevent you selling your imagery.

The byword is “Unlikely” because trying to disprove your original “Intent” is an exceedingly high hurtle to prove otherwise. They do not have the Time, Money, or Inclination to pursue cases like this when the most probably “punishment” would be an order to remove the offending video…

So, my take on this is if all your old photos and videos were originally shot for your personal enjoyment, then they are all fair game to be Monetize after you acquire your Part 107 UAS Certification…

If you liked this Posting, Please “LIKE” it and leave a “Comment…”

LoudThunder

To see the Email Full Size, Click on it, Scroll to bottom, Click on Original Image, and Click on the Image to see Full Size… Sorry, this is not my doing, it is the “way of the Web Site…”

FAA Response to Can You Sell Your Videos -- Sanatized
FAA Response to Can You Sell Your Videos -- Sanatized1446×3146 421 KB

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Did Steve answer your question?

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I believe Steve did answer the question!

It all depends on “Intent,” if as a recreation pilot, I am out flying for my own personal enjoyment and as I am flying a Flash flood or an avalanche or other catastrophe occurs and I film it, that file is free and clear to be sold or commercialized since the Intent was to fly for fun and I just happen to catch it…

However, if I am out and those same events occur and I pull out my drone and film it, then my intent was not to fly for fun, but to film those events and those files are not available for commercialization…

But let’s be honest, if the person now has a Part 107 Certification and those files start appearing on their monetized social media, I really doubt that the FAA has the inclination, the time, or resources to check the eligibility of the various postings…

The reason I asked was that this question has been asked so many times by Recreational Pilots now getting there certifications and asking if all their old video and photos were ineligible for posting on the new monetized social media. And as I understand Steve’s Reply, those items can now be commercialized.

As for me, I barely have a monetized checking account… L :rofl: L . . .

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Like most things, I guess it depends.

If you happened to have hundreds (or even a handful?) of photos from different recreational flights (pre 107) and decided to start selling them after acquiring the Part 107 Certification, then I guess one could argue you weren’t really flying with the intent of recreation.

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My take on this is when the “hundreds (or even a handful?) of photos from different recreational flights (pre 107)” were created, the “intent” was for “personal enjoyment” but once the person acquires the part 107 Certification, that “intent restriction for personal enjoyment” becomes a moot point.

No one is going to try to define the legality of this therefore, there will be no attempt to enforce an “undefined” rule, regulation, law, or whatever this might actually be.

**I think it comes down to the way the “whatever” was written; when you are flying Recreationally and creating media for your personal enjoyment, you cannot sell or motorize it in any form… but there is no guidance as to that media having the “Mark of Cain” attached to it for all eternity… **

As I wrote, I do not have any “dogs in this fight” and I only wanted the FAA to offer guidance so we can all move forward with more pressing matters, like…

What about the Pilots who resent the RID rules and transmits a “vulgar”
Operator’s, ID… L :rofl: L . . .

Mine is, you guessed it, “LoudThunder…”

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Yep, I understand your intent. Just pointing out that I don’t think Steve at the FAA is saying this is going to be okay in all cases. Therefore, I’m not sure I’d point all pilots who are asking about similar topics to this answer as the definitive answer.

For situations that aren’t straighforward, it’s most often best to recommend people contact the FAA directly for help.

And this is of course just my opinion :slightly_smiling_face: