Commercial required?

"Greg" wrote in message
om...
| "Wayne" wrote in message
...
| 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.
|
| Thanks
|
| Wayne
|
| I was considering taking aerial photographs of my clients' businesses
| and framing them for XMAS presents but was affraid this might be and
| no no.

That should be all right.

|
| Also, my buddy wanted to take a picture of a business to use on their
| commercial website (he was getting paid by the company to do this). I
| of had planned on taking him along on a local flight to take the pics.
| Is this legal? How does one go about proving they had already
| planned the flight? (That is I didn't make a special flight just for
| the purpose of him taking the pic...or is this even relavant?)

Not relevant. You are not getting paid for the pictures or the flight.

the FARs are Greek to everyone.. even the FAA

BT

"Wayne" wrote in message
...
Thanks for the replies everyone. If I had a friend that was commercial
rated, could he fly while I took the pictures? Would I have to pay him as
am
employee? Could we split costs, and have him to his necessary IFR stuff to
keep current and shoot some pictures while we are up?

Thanks again. The FAR's are so greek to me, I appreciate your help.
Wayne

I am thinking about taking over a small company. It is an aerial
photography business, the name makes that impossible to deny. The current
owner is comercially rated, the previous owner was not.

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.]
-----------------------------------------------

On 13 Nov 2003 15:02:56 GMT, (Teacherjh)
wrote in Message-Id: :

[Or just get the commercial.]

More than that - wouldn't you also need part 135 procedures and certification
for your entire opreration? (at least if you owned the plane from which you
were taking pictures and flying?)

Jose


Last time I looked at the regs (admittedly a few decades ago), the
holder of a commercial pilots certificate could fly pipeline patrols,
tow banners, and perform aerial photography (in addition to a few
other similar things) without the necessity of Part 135 operation.

IIRC, the holder of a private certificate may also sell his aerial
photos. But it looks like he'll soon lose the right to conduct
sightseeing within 25 miles of the departure airport.

The OP needs to spend some time he
http://www.access.gpo.gov/nara/cfr/c...4cfrv2_00.html

"BTIZ" wrote in message
news:NuVsb.631$Ue4.504@fed1read01...
the FARs are Greek to everyone.. even the FAA

BT

Unfortunately, you are correct :-)

Wayne wrote:

If I had a friend that was commercial rated, could he fly while I took the
pictures?

Of course.

Would I have to pay him as am employee?

That's up to him.

Could we split costs, and have him to his necessary IFR stuff to
keep current and shoot some pictures while we are up?

Well, you can't be a very good safety pilot if you're taking photos, but there's
no reason you can't do his currency work and your photo work on the same flight.

George Patterson
If you're not part of the solution, you can make a lot of money prolonging
the problem.

"BTIZ" wrote in message
news:NuVsb.631$Ue4.504@fed1read01...
| the FARs are Greek to everyone.. even the FAA
|

What do you have against the Greeks?

C J Campbell wrote:


"BTIZ" wrote in message
news:NuVsb.631$Ue4.504@fed1read01...
| the FARs are Greek to everyone.. even the FAA
|

What do you have against the Greeks?

Indeed. It's not as if being Greek helps one understand the FARs.

- Andrew

"Andrew Gideon" wrote in message
online.com...
| C J Campbell wrote:
|
|
| "BTIZ" wrote in message
| news:NuVsb.631$Ue4.504@fed1read01...
| | the FARs are Greek to everyone.. even the FAA
| |
|
| What do you have against the Greeks?
|
| Indeed. It's not as if being Greek helps one understand the FARs.
|

They might even be more intelligible if written in Greek.

"Andrew Gideon" wrote in message
online.com...
C J Campbell wrote:


"BTIZ" wrote in message
news:NuVsb.631$Ue4.504@fed1read01...
| the FARs are Greek to everyone.. even the FAA
|

What do you have against the Greeks?

Indeed. It's not as if being Greek helps one understand the FARs.


Blessed are the Greeks?