Commercial required?

"Wayne" wrote in
:

Is there any way to do aerial photography and sell the pictures
without
having a commercial license? Seems to me there isn't, but I know
people do it. I was just wondering if there was a catch somewhere that
would allow it and if so, under what circumstances.

This one has been taken both ways by the FAA. They have prosecuted guys
for doing aerial photography without a commercial, and specifically
listed it as allowed as "incidental" and thus only requiring a private.

There were differences in the two cases. In the first case, where they
ruled that a commercial was needed, the pilot was clearly "holding out"
to the public. He had a studio that was specifically advertising
"aerial photography" and soliciting business of that type. The FAA
violated him and it was upheld.

In the second case the person *was* a professional photographer.
However, what he was doing was flying over areas such as lakefront
housing and taking pictures. He was then blowing up the pictures and
going door to door trying to sell "this beautiful aerial photo of your
home." Some local FAA type violated the guy, but it was determined that
the flying was not the primary business - i.e. the photography was, and
only a private ticket was required.

So... no assurances. **Probably** if you are interested in taking
pictures from the air and trying to sell them then you are okay. If,
however, you want to start running advertising touting "Aerial
Photographer for hire" then you better get a letter ruling just for you,
just to be safe. [Or just get the commercial.]

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James M. Knox
TriSoft ph 512-385-0316
1109-A Shady Lane fax 512-366-4331
Austin, Tx 78721
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