Photography from a Gyroplane

[Rowdyflyer1903!]

I am a licensed SEL Instrument pilot plus a commercial UAS Pilot. The FAA is very strict on an UAS pilot who is not licensed and post such images on Youtube where anyone could be seen as making a profit from the video posted. The law is very strict and very broad. Almost any video posted could have a case made where someone some where has profited from it even if the UAS pilot/photographer did not. Im telling you it is scary.

Now to the main question. The FAA years ago allowed Bill Parsons and his experimental gyro to teach us how to fly. He could make money from an experimental aircraft. Having said that, being a professional photograhper, can I photograph from an experimental gyro plane and charge for it?

Is there a precedence for this?

 

[Vance]

I charge to teach in an experimental amateur built gyroplane. I have a Letter of Deviation Authority that allows me to deviate from the operating limitations for the aircraft and charge an hourly rate.

The FAA has demonstrated a very broad interpretation on what is a commercial flight.

For example; when my LODA was pending they would not allow me to train for free in my experimental aircraft because it constituted “marketing” a commercial use.

 

[ventana7]

I have not looked up recent FARs, so you should do your own research, however years ago the FAA ruled that using an aircraft for things incidental to your job was legal. A Real Estate agent who held a PPL could for example take a client up to fly over property he was trying to sell.

chuck Feil made 4 or 5 coffee table books of aerial photography from his RAF 2000 in the early 2000s.

a few years ago a German couple flew gyros all over America and made a book about that.

 

[Rowdyflyer1903!]

I have not looked up recent FARs, so you should do your own research, however years ago the FAA ruled that using an aircraft for things incidental to your job was legal. A Real Estate agent who held a PPL could for example take a client up to fly over property he was trying to sell.

chuck Feil made 4 or 5 coffee table books of aerial photography from his RAF 2000 in the early 2000s.

a few years ago a German couple flew gyros all over America and made a book about that.

Yes. I do remember those books. In particular one which showcased Lighthouses. Those efforts came to mind when I posed this question. Its a whole new ball game with drone photography. I have spent 47 years behind the lens and used my Cessna 140 for years capturing images for real estate. I charged for the photography not the flying ( which was a fine line ). The 140 of course was certified not experimental.

Thanks for the opinion.

bc

 

[WaspAir]

I have not looked up recent FARs, so you should do your own research, however years ago the FAA ruled that using an aircraft for things incidental to your job was legal. A Real Estate agent who held a PPL could for example take a client up to fly over property he was trying to sell.

I would advise a touch of caution here because there are separate issues to consider. For the purpose of pilot certification, the rules allow activity incidental to your job to be conducted by private pilots, suggesting that they are not "commercial" in the sense of requiring a commercial pilot certificate.

That isn't necessarily the same analysis that the FAA would apply for aircraft certification as experimental, and the meaning of a commercial use in that context may not be so accommodating.

One should never assume consistency when dealing with the FAA.

 

[Rowdyflyer1903!]

Those who work for the government have a tendency to say no because the no means less work. The reason I inquired about this is from fear of sharing a video or an image and the possibility of that sharing as having a monetary value. It would be terrible if all of a sudden none of these wonderful images of gyro flying would suddenly become illegal and licenses be removed. You know I had little fear in life until I had something someone else could take away.

 

[WaspAir]

Everything has monetary value these days. Zuckerberg can take the most trivial detail of your online life and sell marketing insight to somebody somewhere. But you probably didn't post a picture of your cat to enhance sales of Fancy Feast. There has to be a sensible limit somewhere, based on the true purpose of your fight. So far, I have yet to see crackdowns on gyro pilots for Youtube sharing or the like, but I wouldn't tempt the FAA by publicizing photo services from an experimental gyro.

 

[WaspAir]

PS. The official attitude toward gyros is that FAA tries to ignore them whenever possible. They don't present the same regulatory challenges as UAS operations, because there are no crowds of folks who just drop into a store, buy a fully-functioning gyro, and start threatening landing airliners with it, which has the FAA nervous for the UAS context.

 

[Rowdyflyer1903!]

Ok, I can see that including the E.A.A. which is puzzling. Alrighty then. In this day and time, sometimes its nice to be invisible.