Anybody here do aerial photography for a living?

[martinc]

Just wondering what the legalites and privacy laws are surrounding aerial photography...?

[ross1562]

Hello,

    I currently work in an environment which results in me taking lots of aerial photography along with video footage. We have to have certain levels of authority obtained depending on the type of information we are going to get/be able to see from a photo or footage!

I would suggest that if you were to maintain the rules of the air whilst taking photographs of various locations, there is no law that states you would not be able to do this. ( Provided the locations are not secure compounds such as Military establishments, Prisons, Nuclear Plants etc.....)

I think that you would start to encounter legal issues when you then tried to reproduce those images or sell them, which i take it is what you may be implying?

If you are thinking about taking aerial photography as a job or to make a living out of, i would suggest getting a lawyer/solicitor and discussing legal issues. I.e. Human rights would dictate that you can not take a picture of me in my back garden sunbathing nude and then publish or sell it! Right to privacy and all that!!!

If your planning on just taking aerial photography as a hobby, as long as you maintain airmanship and aviation rules i can not see any issues with that.

Obviously, this is just my advice but i hope it helps in some way.

regards,

Ross.

[martinc]

Thanks Ross,

                Yeah, it was more professional curiosity (my partner and i are commercial photographers). And we had some copyright infringement issues to deal this yesterday and it came up in the conversation.

Thanks for the advice

Cheers

Martin C

[skypilot]

It is my understanding too, that for commercial aerial photography the pilot will need a commercial pilot's licence.

[Maurice_King]

It is my understanding too, that for commercial aerial photography the pilot will need a commercial pilot's licence.

Not necessarily so  The Pilot can be anyone if the passenger is a friend or someone such as myself flying with friends, and I then sell any images I obtain.  This has no bearing on who is flying.

Now if I am on a Joy flight regardless of the location then that Joy flight company (at least in Australia) they MUST have a Commercial Pilot since they are plying for hire.

As a Photog myself there are certain moral rules I self apply BUT there is absolutely no law against recording "Reflected Photon Energy" , providing they are NOT on a restricted list.

[Hugh Johnston]

A private pilot can not make any profit from any photo's what so ever. I agree with skypilot. I'm very sure as well that you need to fly with a commercial pilot to sell the photos.

[Tweaker]

If the pilot is the photographer - no issue, only needs to be able to fly the plane (GFPT,PPL)

If the pilot is entering into a cost sharing flight where all costs are shared equally, or the pilot is fronting the whole cost of the flight and the photographer is just along for the ride - no issue, as above.

If the pilot is being hired along with the plane for the purpose of the pilot making a living by his flying - MUST have CPL

If the photographer is paying for the full or majority cost of the hire - Pilot must have CPL

It doesn't matter that the photographs are used for commercial purposes. 

So if the PPL rated pilot goes up and takes a squillion photos during the flight in his own aircraft, paying for all the costs, he can't use the photos for commercial purposes??  Don't think so, and I am sure CASA would be of the same opinion.  However, as a PPL rated pilot, you came up to me and said "I want to take some photos of my property, can you take me up for a flight?  I'll pay the costs for it.' CASA would be on you like the proverbial to a blanket as you would be receiving payment for the flight. 

It is pretty clear ion the CASA website if you want to check it out.  It is also commonly asked during the PPL theory exams as well.