AMA: Can I Use my Model Aircraft to do Aerial Photography?

GPS · Dec 5, 2012

It’s a great question and the basic answer is yes… However…

Aeromodeling enthusiasts have mounted cameras on their model aircraft for years and taken aerial photographs of the local flying site, their backyard and even themselves as they remotely operate their aircraft, and the ability to do so still exists today. However, modelers must be respectful of the privacy of others and understand that the publishing of photographs of someone or someone’s property in print, in a media such as Facebook/YouTube or even emailing the photos to family and friends could be viewed as an invasion of privacy. AMA’s current guidance in this area states:

“The use of imaging technology for aerial surveillance with radio control model aircraft having the capability of obtaining high-resolution photographs and/or video, or using any types of sensors, for the collection, retention, or dissemination of surveillance data/information on individuals, homes, businesses, or property at locations where there is a reasonable expectation of privacy is strictly prohibited by the AMA unless written expressed permission is obtained from the individuals, property owners, or managers.”

It would seem like it should be a simple transition from flying a model aircraft with a camera mounted on it to doing professional aerial photography… unfortunately, however, it’s not as simple as you might imagine. The taking of aerial photographs as a business endeavor or even selling your personal artistic aerial photographs is deemed to be a commercial enterprise. In 2007 the FAA published a clarification of its policy on the operation of unmanned aircraft for commercial purposes.

The crux of the issue is in the following policy statement..

“The current FAA policy for UAS operations is that no person may operate a UAS in the National Airspace System without specific authority. For UAS operating as public aircraft the authority is the COA, for UAS operating as civil aircraft the authority is special airworthiness certificates, and for model aircraft the authority is AC 91-57.”

“The FAA recognizes that people and companies other than modelers might be flying UAS with the mistaken understanding that they are legally operating under the authority of AC 91-57. AC 91-57 only applies to modelers, and thus specifically excludes its use by persons or companies for business purposes.”

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Source:
http://amablog.modelaircraft.org/am...e-my-model-aircraft-to-do-aerial-photography/

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