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FAA Says Ad-Bearing YouTube Drone Videos Constitute "Commercial Use"
schwit1 writes If you fly a drone and post footage on YouTube, you could end up with a letter from the Federal Aviation Administration. Earlier this week, the agency sent a legal notice to Jayson Hanes, a Tampa-based drone hobbyist who has been posting drone-shot videos online for roughly the last year. The FAA said that, because there are ads on YouTube, Hanes's flights constituted a commercial use of the technology subject to stricter regulations and enforcement action from the agency. It said that if he did not stop flying 'commercially,' he could be subject to fines or sanctions.
Can someone point out to me which part of the 1st Amendment it is in?
“He’s not deformed, he’s just drunk!”
Apparently the FAA isn't browisng with the right browser plugins.
I'm trying to teach myself to set people on fire with my mind... Is it hot in here?
The commercial use regulations are OBVIOUSLY meant to keep people from flying passengers or freight when they don't know what they're doing. Uploading a video to youtube from a drone does not endanger the public in any way so long as it's not being used to stalk somebody or invade their privacy. Obviously, footage from public spaces taken too high to make out individuals does neither of those things.
So, here's the point of the subject line: If we're going to apply laws and regulations to the utmost literal interpretation without any kind of reason or sensibility, then why don't we fire the FAA and replace them with robots? The only benefit to having actual humans perform these duties is that they can apply some measure of human common sense, whereas software would mechanically interpret everything exactly as programmed with no regard for the details.
If Haynes has monetized his channel, then any filming he does for it is commercial filming. YouTube videos are a full-time job for some people.
If he owned a plane, took a camera on it, filmed stuff from it, and got money when people watched the film, that would be commercial flying. This is no different.
The government doesn't want you to make money, especially if you do so in a new and innovative way. THAT, my friend, is the problem.
That is not really what is going on. This is a simple case of regulatory capture. The FAA is staffed by pilots, whose friends are pilots, and they regulate pilots. All of these pilots see commercial use of drones as a threat to their livelihood. So rather than doing what is in the best interest of the American people, the FAA is pushing the agenda of the people and organizations they are supposed to be regulating. Regulations on drone use should be based on weight, altitude, location, method of control, payload, etc., not some stupid commercial/hobbyist distinction.
The government doesn't want you to make money, especially if you do so in a new and innovative way. THAT, my friend, is the problem.
That is not really what is going on. This is a simple case of regulatory capture.
It's not really that simple, and the grandparent's position is not without merit.
You'll note that *amateurs* are not allowed to operate drones commercially, and *commoners* are not allowed to start a business operating drones (for remote crop/herd inspection, search and rescue, real estate videos), but big players such as Amazon and FedEx will be granted commercial licenses to do so.
It's the same with any business in the US: the big, entrenched businesses are given all the exceptions, all the subsidies, and all the tax breaks in the name of "jobs", while making it impossible for new companies to form and hire grow. As a concrete example, it is impossible to start a company (however small) to compete against GE because GE pays no taxes.
It's a stupid policy that's indirectly driving the economy of the country into the ground. Big, entrenched companies don't hire more people when given money, *small* businesses hire people when they grow to become big ones. Propping up a big, weak company at the expense of stifling smaller companies is the source of much stagnation in this country.
We have an opportunity to make great progress in an emerging technology, and by holding the US back all the advances will be made in other economic climates.
Look for the US to become a third-world nation in the next decade or so.
simply posting the video to youtube does not in and of itself, generate income.
Yes, but he is a registered ad affiliate of Youtube. In other words, he has given his name, his mailing address, and his social security number in the hope of one day, having enough subscribers and viewers to receive an actual check through the mail.
From his own attorney:
Hanes told me that his videos are technically "monetized" on YouTube but that he has never received a payment from Google and the revenue he's technically earned from Google’s ads is less than a dollar.
Granted, the number of video views hasn't met the minimum threshold to be cut an actual check yet, but his intent is there. And the fact that he hasn't cancelled his affiliate status with Youtube yet, which would solve the entire problem in one swoop without needing to delete his existing channel, just means that he's hoping to generate enough page views through an artificially created controversy.