On 2008-05-15 20:37:54 -0700, said:

Can a person take pictures of properties from a private airplane and
charge for doing it?
What kind of license or permits do they need to do this?


Have a good day and stay out of the trees!
See ya on Sport Aircraft group
http://groups.yahoo.com/group/Sport_Aircraft/

The pilot would probably need a commercial pilot certificate in the US.
Aerial photography is a listed exception to the common carriage rules,
so any commercial pilot could do it.

Espionage laws prohibit you from taking any photograph if you know or
should know that it will be used to injure the United States or benefit
a foreign government. You also may not take unauthorized photographs of
military installations and/or equipment that have been classified as
top secret, secret, confidential, or restricted, whether you intend to
disclose the photographs to a foreign government or not. However,
authorization is usually not that difficult to get.

The military can also regulate photography at sensitive defense
manufacturing and research facilities, photography of experimental
aircraft and equipment, and even crash sites.

You are also prohibited from photographing nuclear facilities that have
been specifically designated by the government as requiring protection
from general dissemination, either while on the property of these
facilities or from the air. However, a guy standing next to the fence
can take all the pictures he wants as long as he is not on the property.

According to the "Legal Handbook for Photographers," by Bert Krages (I
strongly recommend that all photographers, even amateurs, read this
book), you also may not photograph facilities from the air in order to
obtain trade secrets. Two aerial photographers in 1970, for example,
were found guilty of industrial espionage because they photographed a
chemical plant that was under construction. They were hoping to uncover
a secret manufacturing process. Since 1996, you can be fined up to
$500,000 and imprisoned for industrial espionage, plus have your
photographic equipment, including computers and airplanes confiscated.
The fine goes to $10,000,000 if you were doing it for a foreign
government.

You may not photograph copyrighted material, which you would not think
is a big deal until you realize that the layouts of many large works of
art, gardens, distinctive buildings, and even theme parks are all
copyrighted. The copyrighted material does not have to be registered
for you to violate the copyright. However, using the material for
things like news reporting, commentary, or education may be considered
to be fair use. Taking photos of Epcot Center and producing your own
calendar for sale is not fair use.

You may not photograph trademarks and use them improperly. Doing your
own Absolut type photo is a no-no if it violates a trademark -- and
copying the idea of an Absolut photo might violate copyrights, even if
you do something like a flower instead. You also may not substantially
copy the work or original ideas of other artists.

You may not photograph things for which a fee is normally charged
without paying the fee. National Parks, for example, normally charge a
fee for cinema film, but not for general photography even for
commercial purposes. Major league sports organizations, universities,
and many other organizations normally charge a fee for photography of
events.

You may not harass wildlife while taking its picture. If the wildlife
takes evasive action, cries out, or acts startled you are harassing it.
However, it seems to me that wild horses being herded from the air or
animals being legally killed as part of a predator control program
would be an exception. Domestic animals get similar protection. No
flying low over a turkey farm in order to scare the turkeys just so you
can take an aerial picture of them piled up against the fence. In fact,
you may not do anything with an airplane that endangers people or
property.

You may not take a photograph and modify it so as to publicly humiliate
or embarrass someone. Taking a picture of someone running naked from a
burning house would probably be a breach of privacy, no matter how
newsworthy it might be. Taking pictures of people who have a reasonable
expectation of privacy, such as bathing in an outdoor hot tub, would
also probably be considered an invasion of privacy. You may not harass
people by following them around in an airplane everywhere they go,
taking their picture.

Barbara Streisand sued a photographer who took a picture of her house
from the air. She not only lost, but the photographer was awarded his
legal costs. The next photographer might not be so lucky. Streisand
obviously irritated the court by asserting a right to deny access to
anyone she felt like to the airspace above her house. A smarter
plaintiff would have simply asserted invasion of privacy or copyright
infringement and might have won.

Anyway, as you can see, aerial photography is not quite so simple as we
would like it to be, but you do have on your side the general principal
that you have the right to photograph anything you like unless there is
an overwhelming public interest in preventing from doing that. It is up
to the government or a plaintiff to prove that overwhelming interest.
If there is any doubt, the courts will generally rule in favor of the
photographer's right to freedom of the press.

--
Waddling Eagle
World Famous Flight Instructor