Re:FAA says monetized videos shot from drones are subject to...
by 6stringmerc on Thursday March 12, 2015 @04:16PM
(#9193554)
What do you mean intent can't be measured? Of course intent can be measured, if one cares to do so. It's called asking a question / taking a deposition. If a person says "I was making an art project" and they monetize it, then the flight itself isn't actually the product. If the flight was for enjoyment and the video was a byproduct then how, logically, can one be prevented from monetizing it? I know this is really a fine line but art and commerce are often at odds in such respects.
Re:FAA says monetized videos shot from drones are subject to...
by tracker1 on Thursday March 12, 2015 @05:25PM
(#9194034)
I'm flying my drone near a hotel... the manager catches a small clip on youtube and wants to buy the copyright for that whole, raw footage from me... I cannot sell my copyright (constitutional law) under FAA rules (fiat regulation)?
It seems to me this is a bit of a mixed bag here, and in which case there's a clear pattern, footage shot, non-commercial use first... meaning intent can be shown.
Re:FAA says monetized videos shot from drones are subject to...
by icebraining on Thursday March 12, 2015 @07:27PM
(#9194717)
You can sell your copyright and be fined for unauthorized commercial flight. There's no incompatibility here.
In my opinion, if you fly the drone with the intend to use the resulting footage in any commercial product (e.g. a _monetized_ youtube video), then that flight was commercial in nature. And because we can't measure intent, we have to assume that every flight that results in a commercial product was started with the intend of producing that product.
Maybe in some cases you can make a point that the flight was primarily for enjoyment and the video was just a byproduct. That might be a viable argument for a paraglider without established audience, but it's harder to defend for a drone with a camera strapped to it.