Another Stupid Response from the FAA

Old Man

Old Man

Active Member
Ask some colorful local businesses if people can film their operations for free and put them up in a YouTube video. The businesses get free advertising and MR's start gaining positive exposure from their unpaid activities. Nobody runs into legal issues if no "consideration" changes hands but lots of goodwill starts building through a different public perception. Make certain each video contains a message that it was filmed with a multirotor "drone". I hate the word drone but that's what they've been conditioned to understand. Nobody was ever able to de-program Pavlov's dog.
 


Old Man

Old Man

Active Member
A very grey area under the FAR's I believe. There has to be something that indicates costs and expenses have been paid or shared. Some type of monetary compensation or offset has to be involved to run up against the "commercial" label. If one can show they did something, without compensatory intent, simply to better their skills as a hobby level RC flyer or photographer they should be in the clear. Thinking about it, if one was to obtain enough likes for YouTube advertisers to contribute funds to place banners in an online video there might be an argument for commercial use. The IRS and ICC pretty much define income, profit and commerce so there is where one would go for absolute clarification.
 


Old Man

Old Man

Active Member
That may well have been a situation where heavy FAA presence and preferences leveraged the promoters into canceling Chuck's activity for political expediency to assure the rest of the show did not encounter road blocks. It's a game, one where right and wrong are not in consideration., but a fiefdom is being bowed to.

Telling someone they can't film a business they had no other involvement with in the pursuit of a hobby would be akin to telling a student pilot they could not continue if they desired to pursue a career in aviation.


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Av8Chuck

Av8Chuck

Member
This topic is kind of the crux of the problem. The FAA is claiming that any compensation incidental to the flight makes the activity commercial so the act of "advertising" this business is considered compensation whether your paid or not. GA is not that way. If I use my plane and donate the picture of a business to the owner and the owner later decides to use it in an advertisement then that is NOT considered a commercial activity.

The odd thing is that AOPA is not all over this. Its only a matter of time that once established that this will apply to GA as well.
 




Old Man

Old Man

Active Member
This is where the terms reasonable and customary could come into play. Since the 97's proclaim that model activities are not regulated, but FAR's are in place that clearly define commercial aviation activities, the definitions under the law are the only ones that can be applicable. Yes, I believe we are being subjected to scare tactics but a government organization that breaks the law to enforce laws and regulations yet to be written and coded is an organization that is acting in an unlawful manner. There are many implications that can emanate from that position.


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R

Ronan

Member
Old Man said:
This is where the terms reasonable and customary could come into play. Since the 97's proclaim that model activities are not regulated, but FAR's are in place that clearly define commercial aviation activities, the definitions under the law are the only ones that can be applicable. Yes, I believe we are being subjected to scare tactics but a government organization that breaks the law to enforce laws and regulations yet to be written and coded is an organization that is acting in an unlawful manner. There are many implications that can emanate from that position.


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Click to expand...

At bare minimum I feel my constitutional rights, and of other's are being infringed.
 


Old Man

Old Man

Active Member
I'm not willing to go that far out on the definition limb. However, I do feel there might be room for discussion with people that specialize in situations such as we are facing.


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