Permission from the CAA to share footage on social media

I have another question about permission from CAA. If i will be use a Mavic mini 2 and record some footage in places out of national park , and private land etc. and upload to social media - you tube etc . I have to still get a permission to do this ?

1 Like

Why would you think you need permission (you don’t)

2 Likes

( it is out of national trust area not a national parks) so basically I will be record in National Parks and I am little confusing ,so I prefer ask a members of this group what they think etc

1 Like

You can post what you want, even if if was NT land as long as you took off outside their bit they cannot stop you flying over.

If you’re in doubt do a youtube search for ‘Jar’s house Drone’, someone will have flown over it I can bet you ;o)

4 Likes

I think I understand more now ,what I can do it ,and what I can’t . I didn’t know about I can record some footage if I start from outside they land . Thanks for the info Chris :slight_smile:

1 Like

The NT have no ability to stop you recording footage anywhere you want. The most they can do, under NT Bye-law 17, is attempt to prosecute you if, while on their property, you take a photograph “for purposes of trade or reward”. If you are not on their property, they can do nothing, exactly the same as they can’t prosecute Google for sharing satellite and aerial photos of NT properties.

The CAA don’t prosecute anyone and don’t care about use of photos on social media, even if you make money from advertising. This CAA page explains that:

While every case should be judged on its own merits, some types of arrangements are not generally considered by the CAA to be commercial operations such as:
Advertising revenue received as a result of persons visiting a website or social media page where video or photographic stills shot from a UAS are displayed/posted. This is because these types of web-pages may be legitimately used to post recreational video material that was not commissioned by another party but was conceived and wholly funded by the poster.

From January 1st, even that won’t apply as the law will no longer care whether your flights are commercial or not.

7 Likes

Thanks a lot for more info.I appreciate that :slight_smile:

2 Likes

:dancing_women: :dancer:

:tada:

4 Likes

Some of you may remember the photo of ‘Sycamore Gap’ in the lone tree competition (not mine). I’m hoping to get some drone footage (I live near there), but will be walking in and taking off quite close to the tree, also overflying and filming parts of Hadrian’s Wall. Obviously I’ll follow the rules re flying near people. But Hadrian’s Wall is managed by the National Trust, although that section is open to the general public without charge and there is a public footpath along it (the Pennine Way no less!). So I wonder where I stand legally - I’m assuming that if I take off and land on the public footpath, I’m then ok to fly and film around that area, provided I observe privacy and safety rules?

Cheers,

Peter.

2 Likes

You have a legal right to walk along any Public Right of Way (the clue being in that name), which extends to stopping for a rest, taking photos, having a picnic etc, so long as you don’t obstruct anyone else. It may or may not include stopping to control an aerial camera, who knows?

But that doesn’t exempt you from any other laws. If you kick a sheep while on a PROW, you can be prosecuted. I’d think it’s likely you could be prosecuted for breaching a National Trust bye-law while using a PROW, although they may not be able to stop you using the path (that bit is not clear: NT bye-law 21f would conflict with the common law right of way). You could certainly be prosecuted for a breach of the Air Navigation Order (Drone Code) if, for example, you couldn’t land your drone safely due to people being on the path.

In practice, it seems unlikely anyone in the NT would do more than have a moan at you: they can’t demand to know who you are, and I reckon the police have better things to do than turn up if called.

If it was me, I’d just head north from the wall for a little bit, beyond the area shown as being NT property on Drone Scene, and fly from there instead.

3 Likes

Thanks kvetner.

Not so easy to go North - the ground is very broken and steep there. But I see in the byelaws there is no mention of using a drone or taking photographs in the open, indeed the area is extensively photographed, so I can’t see that photos/movies from the air would be a problem… The location is classed as ‘Open access’. Maybe at a pinch they could class the drone as an ‘aerial conveyance’ :wink: As it happens I am a paid up member of the National Trust - hope they wouldn’t rescind my membership!. But I suspect if I behave myself, nothing to worry about. Certainly if I crash my drone into Hadrian’s Wall I know what would come off worst!.

Cheers,

Peter

2 Likes

I’ve always wanted to go and photograph this tree and the wall, maybe after lockdown. I was having a quick look at the NT land map and it appears they own a lot more land than is indicated on dronescene as NT property.

2 Likes

Didn’t think they owned any?

Having read this bit on their Land Map, I’m not sure I’d be certain if I was on their land or not :thinking:

Land History map (layer)

  • The information in the map shows the land acquisitions made by the National Trust from its beginning in 1895 to current date. Please note, information in Land Map is updated based on the Annual Report which is published in September each year. Due to the process of registering land and updating internal databases, new acquisitions could take up to 12-18 months before they appear in Land Map

  • The boundaries shown in the map don’t represent the National Trust’s legal ownership boundaries and can’t be used for this purpose

  • Only freehold acquisitions are currently shown, but the National Trust also leases some land, holds restrictive covenants over some land (this imposes a restriction on the use of land, so that the value and enjoyment of neighbouring land will be preserved), and holds rights over some land

  • National Trust properties are often a collection of separate land acquisitions, and acquisitions include purchases, gifts, legacies and occasionally land swaps

  • As a large portion of the National Trust’s land is leased to tenants, particularly tenant farmers, the public may have no right of access, except by public right of way

Absolute truckloads: NT and NTS added together are the fourth biggest landowner in the UK. The NT is the second biggest institutional landowner in England. Round my way, most of the farmers are tenants of land where National Trust are the freeholder.

2 Likes

The relevant bye-laws are 24 (nuisance and obstruction), where they can prosecute if you “wilfully … disturb … or annoy any other person in the proper use and enjoyment of [the] property”; and 17 (hawking) where they can prosecute if you “for the purpose of trade or reward take any photograph”. An office of the NT can eject you from their property if they think you’re in breach, but I don’t see how they could lawfully eject anyone from a PROW.

From what I’ve read on photography forums, the NT and their lawyers don’t seem to understand their own bye-laws, so I would not expect anything more than moaning.

1 Like

Well, the key word here is ‘wilfully’. I certainly wouldn’t intentionally upset anyone. Nor do I intend to sell any photo or video. And of course if anyone is nearby I will clear any flight with them first, or if the drone is already up when they appear, fly it clear, make them aware of the situation and land safely if necessary. I’ve found that most people are very interested.

Cheers,

Peter.

2 Likes

Did you ever get to sycamore gap, its on my bucket list and I was wondering how you got on , I’ve been before with an SLR camera but thought a drone photo would give a different perspective, I’ve read the comments regarding access and when I was there I took a shot from a small hill which is just south of the tree , on drone scene it is about 70 metres from the tree and appears to be outside the NT boundry

A couple of weeks ago I was in the Borrowdale (Cumbria) area and went to the Bowderstone, which is NT managed, apart from other places along the valley. And I put my Mini 2 up to film the Stone, to be fair I was there at 5.30 in the morning and not a sole in sight. Wonder if I broke their bye-laws?

Hi, Alan
No, not done yet - missed my chance last year. Sorry I didn’t reply sooner - holidays away. As I said in my reply to your Penshaw pic, I think sub 250g is going to be the solution for many of us. Until of course the powers that be realise that they are being too lenient and find other ways to plague us (i. e. taxes!)
Cheers,
Peter (from Hexham)

1 Like