Due diligence and compliance with local laws are crucial for a successful foray into the field of aerial real estate video creation. Utilizing drone technology for aerial photography and videography has transformed the real estate industry, providing riveting perspectives of properties. However, this technology is not without its legal issues that must be effectively navigated to avoid penalties and potential litigation. This article seeks to provide some legal tips for these endeavors.
Adhering to Federal Aviation Administration (FAA) Rules
Absolutely essential to flying drones for commercial real estate is understanding and adhering to FAA laws and regulations. FAA has provided specific rules pertaining to commercial drone use under Part 107 of the Federal Aviation Regulations.
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Drone Operator Certification: The FAA stipulates that drone operators must have a Remote Pilot Certificate, requiring the passing of an aeronautical knowledge test.
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Flying Restrictions: Operators must fly under 400 feet, only during the day, and keep the drone in visual line-of-sight. It is illegal to fly directly over people or moving vehicles. Drone speeds should not exceed 100 miles per hour.
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Weight Restriction: Only drones weighing less than 55 pounds are allowed.
Understanding Local and State Laws
Following federal regulations is paramount, but understanding and adhering to state and local laws regarding drone use is equally crucial. These can vary significantly and may impose additional restrictions or requirements. For instance, some localities prohibit drone flying in specific areas or during certain times. Always familiarize yourself with the local laws in the area where you will be operating.
Acquiring Property Owner and Neighbor Permission
When filming properties, operators should get written permission from the property owners. This permission acts as a legal safeguard.
Equally, it’s important to consider the privacy of neighbors. While there isn’t a federal expectation of privacy that would prohibit drone usage, some state and local laws differ. While not required, getting permission from neighbors can act as an additional legal safeguard, demonstrating respect for their privacy.
Insurance and Damage Liability
Just like other types of commercial liability insurance, drone operators should consider investing in drone liability insurance. This form of insurance covers property damage and injury claims, establishing a safety net.
Respecting Copyright Laws
In creating videos, real estate firms must consider copyright laws. Music, images, or video clips that are not originally created require permission from the copyright owner before use.
Firms should either utilize royalty-free music or obtain licenses for copyrighted music. Many sites provide high-quality royalty-free music suitable for video production.
Privacy Concerns and Lawsuits
Despite the lack of federal laws regarding drone surveillance, operators can still encounter legal issues related to a breach of privacy. Spying or unintentional capture of individuals in compromising positions can lead to lawsuits.
Before flying, assess the property and surroundings to identify any areas that may be considered private. Ensure that the video does not capture people who have not given permission for their likeness to be used, especially if those people are inside their home or in their backyard.
Avoiding False Advertising
Video creators must avoid manipulation that can lead to false or misleading representations of the property. Depict the property as it is, and refrain from significant color enhancements, digitally adding amenities, or misrepresenting property boundaries.
In conclusion, aerial real estate video creation can be a seamless process when the right legal steps are taken. Strict adherence to FAA rules, comprehensive understanding and compliance with state and local laws, obtaining necessary permissions, respecting copyrights, and careful video manipulation are essential aspects to consider.
By equipping yourself with the necessary legal knowledge and practicing responsible drone operation, you can create stunning, affecting aerial real estate videos while staying within the bounds of the law.
