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Real Estate Questions….

Atomic08

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I recently meet an agent who was filming a local property with a drone.

I asked if he had a waiver or a Part 107 sUAS Rule certificate.
He stated that since it was his own listing that he didn’t need any permits to film his properties.
Not wanting to press the issue, I just left and didn’t ask anything more.

I then got to thinking about other realtors and how they use drone videos/photographs to market properties.
Most realtors just use their phone to take interior shots, and very few use a semi or pro photographer.
They just don't want to pay for it, and most homes in our area are sub $250K.

I know in our area there are quite a few who do use drone photos/videos, especially large acreage and lake front properties,
but I know that they do not have their own drones, but hire or favor out.

My question is if a realtor uses a drone, either their own or someone they hired (or just paid), are they supposed to somewhere make note of the drone operators permit or sUAS Rule license in the listing or on the video?

What do those of you that film real-estate do to prove compliance either of your own listings or those you are hired for?

And as long as I am asking questions, how do you market your drone photography.

Do you retain the rights to the video/photography of a specific property, or do you give complete rights to who hired you to film? I ask this because some use the videos for the MLS and then also use the videos/photos for TV Channels that show the properties.

I know that in our area, if an agent takes photos of a property and then gives up the listing to another agent, the new agent can’t use the previous agents photos for the new listing.

Just wanting to know what others do.

Thanks!
 
I can answer the first part, turn the guy in as he new he got caught with his pants down. What he told you is not true at all. Using a drone to help out any part of his business he has to be a Part 107 pilot. No ifs ands or buts. These guys need to be turned in. It only hurts legit pilots trying to make a buck.
If he hires someone to do the drone footage he has to make sure they are Part 107 or he is also on the hook if the pilot gets fined.
 
I guess you could put it in the contract that a job you do is solely for the person you have contracted with.
Then you have to go to court and prove your point.
Or have two different charges. One for one user and other for multiple users.
 
I guess you could put it in the contract that a job you do is solely for the person you have contracted with.
Then you have to go to court and prove your point.
Or have two different charges. One for one user and other for multiple users.
Any money made whatsoever is considered illegal if you don't have part 107. Even if you give the pics or footage away and they make money on it.
 
For the second part of your question. You get hired to take the photos. Even if there is no written contract available, when the client pays for those photos, by law they become his. You can also make a contract where you give permission to the real estate agent to rent your photos, so he can put the in a listing, so you later can reuse them for whatever. You do not need to include your Part 107 number or name. That is solely upon request of LEO.
 
Thanks for some answers..
I know when I take photos for our local schools and I give them to the sports teams and PTA to use for their brochures and they need to make copies at Walmart or other outlets, I have to give them a release which states Photo ID's (IE: 1212.jpeg ect...) each itemized and a date limit for them to be printed or used so they can be released for copy rights.
Not sure how drone videos would be released but guessing that it would be the same.
I think "Photographers Right " would apply to drone usage also?
http://www.krages.com/ThePhotographersRight.pdf

Anasia...
to your comment
"You get hired to take the photos. Even if there is no written contract available, when the client pays for those photos, by law they become his. "
I think there is a time limit that can be applied in the release given to the client, as I do when giving a release to the schools.
 
Thanks for some answers..
I know when I take photos for our local schools and I give them to the sports teams and PTA to use for their brochures and they need to make copies at Walmart or other outlets, I have to give them a release which states Photo ID's (IE: 1212.jpeg ect...) each itemized and a date limit for them to be printed or used so they can be released for copy rights.
Not sure how drone videos would be released but guessing that it would be the same.
I think "Photographers Right " would apply to drone usage also?
http://www.krages.com/ThePhotographersRight.pdf
A drone and a camera don't follow the same rules. You don't need part 107 with a camera to sell or have ANYONE profit from them even if you give them away with photographs or videos. You do when they are taken from a drone. The one question which I think I know the answer to is if I take my drone and NOT fly it and take videos and pictures with it, do the drone rules part 107 still apply if I decide to sell them or give them away to someone that will profit from them? I think not.
 
I think I am looking to an answer/opinion as to where or how a drone pilot verifies his Part 107 in a video used by a real-estate agent.
As if I see a listing that includes a drone footage of the property, how does one find out if the "Pilot" is legit?
Are the videos supposed to be "Branded" IE: have the pilots name or company Logo on the video?
Also if the Pilot has a website, are they required to sate if they have a Part 107 ?

Again just asking those who do this for income....
 
tufargon...
Good Question about videos taken while not flying !

But do "Photographers Rights" apply to drones?
After all, it is still a camera...
 
Again just asking those who do this for income....
Guess that leaves me out of this thread but just so you know. There are a lot of people that know the ins and outs of doing everything legit that don't have their part 107. I for one wanted to know all the info so I could use my drone to make money.
 
tufargon...
Good Question about videos taken while not flying !

But do "Photographers Rights" apply to drones?
After all, it is still a camera...
They don't unless the drone is not flying. If it's in your hands or stationary on something and you are filming or taking pictures It should be applied as a camera and not a drone because it's not in the air.
 
Agustine...
"No ifs ands or buts. These guys need to be turned in. "
Who do you turn them in to?
and are there resources to investigate?
If you see a drug deal going down and turn photos in or other information to the police...
What do they do and how long does it take for an arrest?

Laws that are not enforced have no real merit!
 
Agustine...
"No ifs ands or buts. These guys need to be turned in. "
Who do you turn them in to?
and are there resources to investigate?
If you see a drug deal going down and turn photos in or other information to the police...
What do they do and how long does it take for an arrest?

Laws that are not enforced have no real merit!
The FAA.
 
You NEED to be Part 107 certified for any type of commercial flight. There is no grey area in this. As for turning in uncertified pilots, I have done this and if given the right information, they do take care of it. Depending on the complexity of the laws broken, it can take a day or even months. You report them here:


However, there is NO way to determine if X photo used in a listing came from a certified pilot or not, since you do not need to brand your photos. I am sure no RE agent wants a photo with a logo from someone else. It simply does not look good for them. If you want to make them sign a release form, so they can use that photo for X amount of time, you can certainly do that. It all depends on the client if he wants to sign or not.

In my specific case, I just give them the footage. I have no need or interest in it. Things change in a daily basis. A house will look this way today, but it changes little by little every day and by next year it will look different. You can keep the photos for your portfolio and/or webpage if you like. Unless stated otherwise by a contract, you will not have any problems.
 
Flat out
If the pilot is not part 107 certified and it is used for real estate
Big issue
Commercial license is needed for a commercial job
Even if it was to sell your own house FSBO
 

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