Filming in Public Places?

[ovrszd]

Sidewalk filming/what the recorder can see: you can record what you can see, but you can't violate what a "reasonable person" would expect to be private. Like you can't use a 1000mm telephoto to catch pics of me from the county road without violating my privacy.

I was surprised when the Drone industry started offering zoom lense's on their cameras. Without the zoom the Drone has to get close enough that it's obviously tracking you. With the zoom, as I mentioned earlier, you'll never know I'm invading your privacy.

Now you can also get "heat seeking" and night vision on a Drone.

 

[stumblinhorse]

I did a lot of research about drones before I bought one 6 months back. My main goal was to get video to save of one of my horses that is amazing now but is breaking down quickly.

There is a lot of misconception about drone flying. You can pretty much fly a drone anywhere. It can fly over peoples property and do whatever. There obviously is restricted air space. My newer drone won’t take off in those areas. It will tell you it is restricted and take off is not allowed. By law as of 9/1/23 All drones must transmit their location and location of the controller. They will show for ATC. If you shot one down, it is the same as shooting down any aircraft, the crime is the same.

I was surprised.

 

[ning]

In California it's trespassing to fly a drone in someone's "private airspace".

However, I can't find a definition of what that is.

edit: SB 142 Senate Bill - Bill Analysis
350' above the property

 

[stumblinhorse]

In California it's trespassing to fly a drone in someone's "private airspace".

However, I can't find a definition of what that is.

That is not exactly true. It is unlawful to trespass with a drone to take pictures or video. But you can fly across someone’s airspace with a drone or with a helicopter, pretty much treated the same.

Here is the law.

Bill Text - AB-856 Invasion of privacy.

 

[Torvy]

Or sure how that is legal. Airspace is under federal, not state control. Not the first time CA has deliberately violated federal law.

Imho, we simply need the federal courts to define your property to include that space above. If 350' works, great. FAA restricts drones to 400' max. These are within range of a shotgun. Fly your drone over your own property or public property, but the law needs to stop favoring the drones over the property owners.

We need to regain control over our personal spaces.

 

[stumblinhorse]

Or sure how that is legal. Airspace is under federal, not state control. Not the first time CA has deliberately violated federal law.

Imho, we simply need the federal courts to define your property to include that space above. If 350' works, great. FAA restricts drones to 400' max. These are within range of a shotgun. Fly your drone over your own property or public property, but the law needs to stop favoring the drones over the property owners.

We need to regain control over our personal spaces.

Well property rules do define your property into the space above, forever. But it is not trespassing to enter your airspace. The 400’ max has a lot of loopholes and is mostly used as a guideline. There are a lot of exceptions. I did a lot of research and talked to some experts before I spent my $500 on one.

But I will say that I was surprised to find out that the FAA will treat the shooting down/at a drone the same as shooting down/at a helicopter or plane. It is the same criminal charge.

Part of the reason that the remote ID law started 9/1 is to make drones and their operators easy to find. And this scared the drone industry a lot.

 

[Torvy]

Well property rules do define your property into the space above, forever. But it is not trespassing to enter your airspace.

These concepts are legally incongruous.

If you fly your $500 drone over my place, it will be shot down. I'd be happy to be the test case. Of course, I live out in the middle of nowhere and have no restrictions on things like shooting.

 

[ovrszd]

I did a lot of research about drones before I bought one 6 months back. My main goal was to get video to save of one of my horses that is amazing now but is breaking down quickly.

There is a lot of misconception about drone flying. You can pretty much fly a drone anywhere. It can fly over peoples property and do whatever. There obviously is restricted air space. My newer drone won’t take off in those areas. It will tell you it is restricted and take off is not allowed. By law as of 9/1/23 All drones must transmit their location and location of the controller. They will show for ATC. If you shot one down, it is the same as shooting down any aircraft, the crime is the same.

I was surprised.

Sounds like you have a DJI drone?

 

[ovrszd]

In California it's trespassing to fly a drone in someone's "private airspace".

However, I can't find a definition of what that is.

edit: SB 142 Senate Bill - Bill Analysis
350' above the property

That's a good one. "private airspace" of an individual. I think you'll find that you don't have any "private airspace" over your head.

Drones are limited to a 400' legal elevation. Not sure how high my Drone will go. I've heard it will go 2,500'. This is to keep them out of normally used airspace of planes. Has nothing to do with your trespassing rights.

Sadly there aren't many clearly defined laws regarding drones. That's why each pilot should be considerate of other's space.

 

[stumblinhorse]

These concepts are legally incongruous.

If you fly your $500 drone over my place, it will be shot down. I'd be happy to be the test case. Of course, I live out in the middle of nowhere and have no restrictions on things like shooting.

I am not saying I want to fly my drone over yours or any others property. I am just saying that if you choose to shoot a drone down be aware it is a serious federal crime. Don’t care if you shoot or not, just here passing on what is a fact. I live more remote than you. My drone doesn’t leave my property, and I don’t care what you do on your property. But if you pick **** with others sounds like it would be an easy thing to lure you into a legal problem by passing a drone over your place and you shooting at it…

In the US there is an easement above your property for aircraft. You own it but it can used without trespass.