This is the question.
The newness of using drones in film production work is bringing lots of questions, and a mix of good and not-so-good answers. Let’s take a look at what you absolutely need to know before flying for your next film.
It’s just a toy, right? Nope.
Ahh, yes. How many times have I been asked this question only to open a discussion of the many, many moving parts (figuratively and literally) of flying for film.
Let’s put this one to rest right now: no, drones are not toys. I’m not talking about those cheap little $30 ones you can buy online that fit in your pocket as those are obviously an exception to the rule. What I am referring to are drones weighing more than .55 lbs (250 g), which is the vast majority of what is in the air these days. Think of all those DJI Phantoms, Mavics and Autel Evos, among others. There are millions of these birds in the air at any given moment so take a second to wrap your brain around that stat!
These can, and unfortunately do, cause property damage and personal injury for various reasons, one being inexperienced operators and/or careless flying.
We are not going to get all preachy up on the soap box here, but we will be talking about some rules, regulations, laws and common sense that is too important to ignore. You will see one thing repeated over and over by the Drone Cav and that is the fact that safety is always the number one priority and it is our aim to maximize your safety as well as those around you.
The FAA And You
The first question to think about is, “do I need a license”. Ok, let’s dissect this a bit. If you have wondered about this, in these terms, then you need more info. The fact of the matter is that there is no FAA ‘license’ to fly drones. Craziness, you say! Somebody told you somewhere at some thing once you were at that you need a LICENSE!
It is actually a certificate, not a license. Subtle difference in terminology but a big difference none the less. We don’t need to get into the particulars of the differences of each here - I just point this out to illustrate how important the attention to detail in professional drone operations is.
And yes, if you are flying for any purpose other than your own leisure or relaxation, then you are flying commercially and need the FAA 14 CFR Part 107 Remote Pilot certificate. This is a process of successfully passing a test by the FAA regarding a considerable amount of information. Weather, airspace regulations, airport rules, aeromedical, crew and emergency management are just some of the topics you will be expected to know.
Should Your Get Your FAA Certificate or Hire a Pro?
Having full control of flight operations while also managing photo/video duties simultaneously takes plenty of practiced work and experience as well as constant focused attention.
Wearing two hats can get tricky!
Another common question is whether you should hire a professional or just do things yourself. Well, after reading this far, you are probably getting a better idea of what is involved. Ask yourself if you would try doing something yourself that you are not professionally experienced in for your production.
This is not to say that you cannot be proficient as a producer or camera operator AND drone operator, but you can expect a bit of learning curve and considerable time and dollar investment to get started. You will also need to dedicate regular flight time for practice and learning how to fly and film simultaneously as well. Pat your head and rub your tummy to get an idea of how lots of flights pull you in different directions.
Flying a drone professionally is not an afterthought, despite lots of bad information out there. It is serious business and needs to be respected as such.
Oh yeah, what about insurance and liability? All your flight missions absolutely should be insured. Professional drone operators typically carry insurance for loss protection for property damage or injury. This is always a good point to discuss when you are hiring someone to do your aerial shots too. Other insurance often also covers the ‘hull’ or the aircraft itself in case of a crash or loss of the drone or camera.
Another thing that might surprise you… In the eyes of the law, you are also responsible for the operator that you hire. For example, if you hire an un-certificated operator (such as that kid down the block that has a drone, but no Part 107 certificate) and their actions result in financial penalties, you are also held liable for knowingly employing a non-compliant operator. And get this… the penalty can be as much as 10 times that placed on the operator since you knowingly attempted to circumvent federal regulations. No ‘passing the buck’ here… you both can get in some pretty hot water so don’t think the penalties will only land on the non-compliant drone operator alone.
Again, your first two questions when hiring any drone operator should be;
1) Are you FAA Certificated?
2) Are you insured?
The Bottom Line
As you can see, there is a lot to cover before you even get in the air.
But hey, that’s what the Drone Cav is all about! We want to help guide you through the best path for how you work. We want you to have the best results for your production but also in the safest, most productive way.
With the potential for unexpected in-flight emergencies, safety hazards and huge potential fines as the result of improper flying, our aim is to make you either a better FAA 14 CFR Part 107 Certificated Remote Pilot or have a clear set of expectations when hiring someone for your aerial cinematography.
I welcome you to reach out if you have any questions! In addition to being Director of Romero Pictures Indie Brigade Drone Cav, I also serve on the FAA Safety Team as Drone Pro. I am always happy to ‘talk drone’ with anyone interested in finding out the right way to add super aerial content to your production while also keeping the skies safe!