FAA says drone photojournalism illegal…for now


Spokesman-Review video made using drone photography.

Spokesman-Review video made using drone photography.

On January 1, the Spokesman-Review (of Spokane, Washington) published a video of the city’s annual Polar Bear Plunge. A portion of the video was taken with a remote-controlled helicopter. Though a small helicopter doesn’t match what most of have in our minds when we think of drones or unmanned aerial vehicles (UAVs), for legal purposes they are the same thing. News of the Spokesman-Review’s video spread widely after a few tweets, with some questioning the legality of using a UAV for journalism in the US. The Spokesman-Review photographer responsible for the video, Jesse Tinsley, said the use fell into a legal gray area. Poynter has a good review of the conversation and an interview with Tinsley. But on Monday, an FAA spokesperson said that there is no legal gray area regarding drone journalism. “If you’re using it for any sort of commercial purposes, including journalism, that’s not allowed,” the FAA told Poynter. In June of 2013, in fact, the FAA sent cease-and-desist letters to two American drone journalism university programs, the University of Missouri’s Missouri Drone Journalism Program and the University of Nebraska’s Drone Journalism Lab. Check out the Drone Journalism Lab’s tumblr, by the way.

RC copters with camera mounts are a growing industry. You can buy them at Amazon. DJI Innovations has a handful of other models available, too. As a result, drone journalism is taking off around the world, alongside other nonmilitary drone usage. Livestreaming Occupy WallStreet journalists used toy helicopters to gather aerial footage. Paparazzi have used drones in their celebrity coverage, leading to an anti-drone anti-paparazzi bill in California. Eric Cheng, formerly of Lytro, spoke with Popular Photography about using drones in his work. Even wedding photographers are getting into the mix, but sometimes with disastrous results (see the video below).

The use of drones in journalism (and everything else) will only increase. The Reuters Institute released a report in June 2013 on just this subject (pdf of report). In the report, they argue that newspapers, magazines, and broadcasters, will turn to drones because they vastly simplify and cheapen the process of collecting aerial photography. The Canadian Journalism Project has a good interview with Alexandra Gibb, a graduate student whose thesis addresses the use and future potential of drones in journalism. And Poynter has a nice set of links and discussion about what journalists need to know about drones, though that focuses more on the coverage of drone issues than use of drones by journalists.

Not everyone’s happy about the rise of drones. The ACLU warns about risks to privacy and safety caused by the increasing use of drones in domestic security issues. And one Colorado town made national news last year with a proposal to issue hunting licenses and bounties to shoot down drones in the town’s airspace.

And while the use of drones for commercial operations, including journalism, remains illegal in the US now, the FAA Modernization and Reform Act of 2012 says that the FAA needs to allow drones and UAVs in American airspace by September 2015. To that end, the FAA has announced plans for six drone test sites around the country which will be used to determine how to integrate drones into the nation’s airspace by experimenting in varied locations and climates.


  1. [...] January, I wrote about the legal issues of using drones for journalism in the US. This week, administrative law judge Patrick Geraghty struck down a $10,000 FAA fine against [...]

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