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2 Answers

Commercial photography

Asked by: 3074 views ,
FAA Regulations

Hello,

As a private pilot, I take a friend flying. We may split 50/50 the cost of the flight or I may cover 75% to 100% of the costs of the flight for this scenario.

If the passenger takes a pictures, then sells those pictures or video, am I, the pilot, in violation of Private Pilot regulations?

 

Thank you

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2 Answers



  1. Mark Kolber on May 19, 2014

    If the purpose of the flight is for your friend to take photos to sell, the friend can sell, you are engaging in an operation that requires a commercial pilot certificate – acting as a photography platform.

    That is the case if you receive any benefit in exchange for your services. The FAA definition of compensation is very broad and the NTSB cases and Chief Counsel opinions have included not only money, but such less tangible things as good will and logged flight time in some situations.

    And keep in mind that sharing expenses requires a shared purpose. IOW, you would be doing the flight anyway and not just for your passenger.

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  2. Kris Kortokrax on May 19, 2014

    Here is the legal interpretation that supports exactly what Mark said.

    http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations/data/interps/2010/perry%20-%20%282010%29%20legal%20interpretation.pdf

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