In what strikes me as a very strange distinction, the FAA has said this week that journalists and media organizations may not use drones for their newsgathering operations without permission, though they may purchase photos and video from hobbyists that they do not employ.
American journalists and media organizations have been pushing the FAA to rule whether or not they can legally use drones for newsgathering for some time now. In March of last year, a judge ruled that commercial drone use is legal in the US, though the FAA appealed the ruling.
A person who wishes to operate a UAS to take pictures or videos or gather other information that would be sold to media outlets would need an FAA authorization for the operation”FAA, Media Use of UAS, May 5, 2015
Now, in a memorandum issued May 5, 2015 (embedded above), the FAA says using a drone specifically for newsgathering, whether it’s a news organization or a freelancer intending to sell the work to a publication, requires FAA permission as does any other “non-hobby” usage of unmanned aircraft systems (UAS or drones). However, if a hobbyist happens to take pictures or video and a media organization wants to license that work for news purposes, the FAA says that is okay because the flight is considered authorized.
Hopefully, there will be legal challenges to this memorandum. Both a Forbes contributor and Vice Motherboard have more coverage of this memorandum, raising concerns about the restrictions this places on the press. The memo makes me think of last year’s controversy over proposed US National Forest regulations regarding photography on public lands.
On this subject, do yourself a favor and check out Tomas van Houtryve‘s Blue Sky Days project, if for some strange reason you haven’t seen it yet. It’s been widely published and awarded, and for good reason. The project is the most creative and insightful investigation of American drone warfare that I’ve seen. I saw him present the work to a small crowd a couple weeks ago at the Magenta Foundation‘s Flash Forward Festival in Boston. If he’s presenting in your area, his presentations are well worth checking out.