Is it Legal to Fly a Drone over Private Property? Laws Explained

Drone photography and videography are becoming big business, from real estate to special effects such as simulating views from aircraft or a bird’s eye.  Aerial photography can be simply stunning and even abstract which makes for great photos.

drone flying over garden

With money out there and more and more people getting into using drones for photography, legal questions arise over what you can fly over and take photos of.  In this article, I will explain the legalities of flying drones over private property and related issues.

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Photos of police banned in name of counter-terrorism

Came across this news item over the weekend that should be of interest to photographers everywhere and in the U.K. in particular:

Whereas in the past the police have not had the power to prevent photographs being taken of them, from today they have. Under the new Counter-Terrorism Act it is an offence to take pictures of officers “likely to be useful to a person committing or preparing an act of terrorism”. This is such a catch-all measure that it can be used—and, in view of recent trends, will be used—to prevent photographs to which the police object merely by invoking counter-terrorist requirements. While it is important for officers involved in such operations to maintain anonymity, many photographers fear these powers will be abused.

It’s a disturbing trend. It’s also kind of disturbing that this has passed without much protest (or have I just missed it all because I’m on the wrong side of the Atlantic/not paying attention?)

Read the full story: Why can’t we take pictures of policemen?

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Orphan Works bill introduced in US

There has been a lot of discussion and a lot of fear among photographers regarding potential orphan works legislation.

A major problem with current copyright law is that it does not provide a way to use a creative work that has been abandoned (no entity can be found to claim ownership). The premise behind an “orphan works” addition to copyright law is that it would provide a means for anyone to make use of copyrighted material that no longer has an owner.

It works by limiting damages that can be claimed if the work truly falls under orphan works protection. If a person wants to use a work they must ask permission from the copyright holder just as they do now. Under the current law, if they can’t find the owner they are out of luck. With the orphan works bill in effect, they could use the work after conducting a diligent search and failing to find the copyright owner. Later, if the original owner shows up, he must be paid fair royalties for the use of the work. It does not limit or change Fair Use.

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