Re:FAA says monetized videos shot from drones are subject to...
by 001sky on Thursday March 12, 2015 @05:40PM
(#9194119)
so you can
(1) posses flight footage; but
(2) you can't sell it.
That put these FAA rules into the regulation of media.
That sounds like something that will be litigated, IMHO.
I doubt a court will let that stand without some threshold of materiality. A flight that costs $5 or whater and makes $0.05 is not implicitly a commercial enterprise. Using basic IRS rules, that is a "hobby" activity not a business activity, by definition. That's at least one objective standard that could be brought to bear.
(1) posses flight footage; but
(2) you can't sell it.
That put these FAA rules into the regulation of media.
That sounds like something that will be litigated, IMHO.
I doubt a court will let that stand without some threshold of materiality. A flight that costs $5 or whater and makes $0.05 is not implicitly a commercial enterprise. Using basic IRS rules, that is a "hobby" activity not a business activity, by definition. That's at least one objective standard that could be brought to bear.
But who knows, maybe I'm missing something.