Breaking News! A Horrible FAA Civilian Drone Regulation Appeal Ruling!

Los Angeles, CA –Today the NTSB ruled that the FAA may continue to ban any commercial use model aircraft, unmanned aerial vehicles or drones.

We are anxiously awaiting the FAA’s long overdue and final regulations on the drones that have become so popular primarily to photographers.

The ruling leaves in tact the incredibly vague, subjective and overly broad language in it’s provision, “No person may operate an aircraft in a careless or reckless manner as to endanger the life or property or another.”  This language could allow for some judge to find that the mere flight of a device to be unlawful. 

This is amazing since despite that there’s never been a single death or serious reported injury involving a multi-rotor camera drones. 

If the unreasonably intrusive requirements recently imposed on filmmakers granted drone operation FAA permits are a sign of things to come this industry is doomed at least in the USA.

For now the use of drones by hobbyists is still legal.  However should payment for images be involved the FAA may bring the full force of government on those who dare.

We will have to see just what damage the FAA will do to the burgeoning civilian camera drone industry.   I’m not confidant that they will be measured or reasonable to filmmakers, the news media or photographers.  Now there are more reasons to avoid producing television programming or motion pictures anywhere but inside the United States. 

Should police or the FAA ever attempt to question you about your drone activities or financial arrangements, never lie to them.  Instead tell them you want a lawyer present before you answer any questions.  Frankly without your admissions, lies or other information their investigations will be severely crippled.

Here is today’s ruling:

  style=" margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block;">     on Scribd" href="https://www.scribd.com/doc/247020214/Comercial-Drone-Appeal-Ruling"  style="text-decoration: underline;" >Comercial Drone Appeal Ruling

Another quadcopter video for my visitors one Pacific Palisades, CA

Hollywood Met My Drone Today!

Hollywood, CA—I have to blame my dear friend Pablo Lewin for my obsession with camera drones.  Lewin is a film director who discovered this marvelous and incredibly creative filmmaking tool and got me hooked and empowered with the latest high tech toy.

I’ve done a number of drone stories but today I was going to film a scene for Lewin’s latest film offering. I thought I'd let you in on the experience.

I can still remember that horrible accident in the early morning hours of July 23, 1982, actor Vic Morrow along with two children, My-Ca Dinh Le (age 7), and Renee Shin-Yi Chen (age 6), died in a nasty helicopter crash during the filming of the Twilight Zone  movie.  We've taken any safety risk out of our production! 

Helicopters can be deadly and they are too expensive for some filmmakers. Not to worry, the camera armed drones are here!  Today it was me and my drone that eliminated any dangers along with the impossible expense for a helicopter for our low budget film!

Here is the scene. We have not selected necessary music or voiceover for this yet.  I put up Patti LuPone’s version of Calling You from the film Baghdad Café. It’s very fitting for that video.  I love Patti's great work but we don't have the $$$ to put her great voice on our film.  Of corse donations will be accepted!

Stay tuned for this film from Pablo Lewin Productions.  He’s got some great actors and he also has done the principal photography.   

Here is the video scene that was shot using a DJI Phantom 2 and a GoPro Black Edition 3+ camera.  YouTube compresses the video too much but the film DVD be so much more cinematic!

Guidelines and Advice for Independent Drone Journalists

Phoenix, AZ—This geographical area is considered a medium size TV market.  Not every TV station here can afford a helicopter at $1,500.00 plus per hour.   Still they need plenty of quality video and of course that means aerial coverage of newsworthy events. 

Smaller TV markets have smaller budgets and no choice but to use drones if they want aerial video. 

As a former cop, long time licensed private investigator and investigative TV news producer I have advice to offer about drone journalism.

The video-capturing drone is still a relatively new but very exciting technology.  It’s perfectly suited for use in Phoenix, AZ.  Now there is suddenly a new job to fill in the news industry, the drone, multimedia journalist. 

To do this job you need four skills, operating the drone, photography, video editing and writing news stories.  Nobody said it was easy!    

Police officials initially may be hostile over the fact that we can quietly and easily observe and record them as they perform their duties.  They are simply going to have to accept the reality.  Are the camera-armed drones really any different than helicopters being used now? 

There is one significant difference and that is that the little drones have never been involved in a fatal accident or even caused a remarkable injury.

Our tiny cameras have their limitations and the altitudes we operate the best in are usually below 250 feet.  Rather than fly higher adjust your camera for wide angle.  This will help avoid possible contact with other aircraft.

I use a GoPro3+ Black Edition camera.  During daytime I set the camera at 1080P and 60 FPS.  At night I drop the setting to 24 FPS for better light gathering.  On bright sunny days use of a neutral density filter is advised. 

Breaking news brings helicopters in from different sources.  Medical evacuation, police and news choppers routinely show up at these events.  My advice here is when they do it’s time to discontinue flying until they leave. 

Police and medical choppers can be counted upon to fly at very low altitudes and must even land at these scenes.   Common sense dictates that you always yield to them.

The various general aviation helicopters are in radio communication with each other and the nearest airport control tower.  Drone operators are not and that means they may not be aware of your drone and potential collisions are possible.

Try to control your drone from an area of concealment.  There will be far fewer distractions from nearby people.  In other words, don’t fly from the edge of police yellow tape or across the street from the incident.  Go around the corner and get your video from there. 

Should you have to park your drone, work on gathering information and locating witnesses for those needed interviews.

Always record the actual addresses of these incidents and license plate numbers of involved vehicles. 

You really need to capture your video and quickly get it to the TV news ENG department.  You can physically deliver it to your TV news live truck, the news department or send the video files over the Internet. 

Because of the FAA regulation confusion TV stations are understandably afraid of becoming embroiled in some investigation.  That means for now you should never tell them the method you use to get aerial video. 

You could have used a traditional aircraft, kite or a balloon on a string to get the video.  Why put some news director in the middle with too much information?

I suspect that the FAA will never succeed in preventing drone journalism because the right we all have to gather news.  There is no significant history of safety issues to bring legitimate prohibitions.   

None of us want to see our drone damaged because of carelessness or inattention.   That in and of itself provides plenty of motivation us to be careful! 

Public relations with your community are essential for drone journalists.  Please spread the word that they are GPS connected and that they will hover in place by simply letting go of the controls.  Our unblemished safety record is a huge selling point.

As for privacy invasion let the public know that current laws adequately protect them including the laws prohibiting stalking. 

We must learn to coexist with our neighbors and conventional aircraft.

The New Politics of Civilian Drone Regulation

Los Angeles, CA—As a long time photographer, licensed private investigator and television journalist I have to weigh in on drone regulation.

For me it all began for me as a Chicago cop long ago.  I’m also a Viet Nam Era veteran.

First of all there are no recorded deaths from the consumer drones that photographers are using.  Injuries and property damage has so far been so insignificant as to be totally off the radar.

Our drone cameras are no different that your cell phone cameras.  You have to get really close for a recognizable face shot.  The cameras drone operators are using are not suited for such portrait photography.   Privacy concerns are way over-rated and are only a figment of paranoid imaginations.

Our drones are electric and are not capable of making noise disturbances. 

Yes, drones can be misused just like rocks, scissors and paper.  You can make a weapon out of anything and cause damage or harm.  Our simple drones are not weapons. Using a drone to commit or facilitate a crime is and will always be a crime. 

All of the needed laws are already in place and have been for a very long time. 

We only have privacy rights in places where there is a reasonable expiation of privacy.  Despite the NSA inside our homes and businesses we are protected from spying by law.   Stalking, harassment and disturbing the peace laws already apply to everyone including drone operators.

Assault, manslaughter, and endangerment laws are on the books everywhere.  Reckless behavior with a drone or in any other way is already a crime.   Flying a drone in the near vicinity of manned aircraft would be a crime under state and local laws everywhere.

Suddenly  I see drone operators fearing bans suggesting compromising our legal ability to fly our drones such as where people exist.  There is just no basis or justification for that kind of restriction based on the fact that there are no deaths or injuries happening.

These drones were considered toys until they were married with the tiny cameras such as the GoPro.    Suddenly drones became the subject of over-imaginative conversation and news stories.   People are going overboard and believe that we now somehow need new bans and laws.

Drone operators need to vigorously fight for what few rights we have left in America. 

The new drone journalists should be allowed to cover news like they are with pencils, typewriters, computers, and conventional cameras.  Camera drones are legitimate news gathering devices and should be fully protected under the First Amendment.

We must never forget that conventional aircraft and helicopters used by news kill people every year somewhere.  Drones are so much safer for newsgathering not to mention only a tiny fraction of the cost. 

The FAA needs to focus on their current aviation duties.  They want to expand their bloated bureaucracy to cover every 12 year-old boy with a remote controlled aircraft.  That’s just plain nuts! 

Here is a little video I created with a Phantom 2 drone with a GoPro 3+ camera at Carmel-By-The Sea.

Professional Quadcopter Pilot/Photographers Dealing with the FAA Regulations and Local Authorities.

The FAA has arbitrarily ruled that “commercial” use of drones or unmanned aircraft vehicles (UAV’s) is prohibited.  The use of these amazing devices by hobbyists of course is perfectly legal until a UAV pilot earns a single dime.  Then the FAA will investigate and fine the offending party $10,000.00.  Of course the accused pilot has a right to a court hearing on the matter and evidence must be presented.  The pilot can then properly challenge whatever evidence the FAA offers up.

So far the FAA’s only known case against a UAV photographer/pilot ever to see a courtroom failed.  On or about October 17, 2011 Raphael Pirker of Zurich, Switzerland was commercially operating his UAV over the University of Virginia. He was paid to gather video by a communications company.

Pirker was also accused of flying the UAV at extremely low altitudes.  The FAA claimed he operated his drone recklessly.  Accordingly the FAA issued a civil penalty of $10,000.00 against Pirker.  In court however, the judge’s ruling held that the FAA did not follow the law when they promulgated the UAV regulations.

In Denver, CO on March 6th 2014 Federal Judge Patrick G. Geraghty reversed the FAA’s action against Pirker and that nasty fine.  The judge also ruled that the FAA has no authority over small, unmanned aircraft. 

At this stage the FAA has appealed the ruling and won a stay of the Judge Geraghty’s order pending further review in the U.S. Court of Appeals.   That means the FAA can continue their reign of regulatory terror against commercial drone users until the outcome of that appeal.   If you are fined by the FAA chances are that the fine could be reversed later.

As a UAV pilot you need to understand your rights.  If you do the FAA will have a very difficult time going after you.  First and foremost the FAA does not have the resources or manpower needed to chase thousands of UAV pilots.  They can barely take care of their real business.   They simply don’t have the funds to regulate the UAV pilots.

If a UAV pilot causes injury or significant property damage the FAA will definitely get involved if they are notified.  If the FAA for any reason contacts a suspected UAV pilot you need to know your rights and just how to respond.   You can actually shut down their investigative efforts simply by shutting your own mouth.

This is still America and there is still a Fifth Amendment against self-incrimination and all you have to do is use it!  When ANY government official asks you questions about a UAV you may or may not be involved with you simply tell that agent or cop, “I want a lawyer”.   Do not answer questions.  Do not make excuses and do not tell lies.  SAY NOTHING AT ALL!

Local police may be involved initially and the same holds true for them.  “I want a lawyer”, should never be too difficult to remember.  Should they try to invite you into an interview or interrogation room simply refuse restating you’re not talking to anyone without a lawyer present.  The FAA would love to have a police video recording of you telling them who hired you and that you were the actual paid UAV pilot.

The FAA has to prove that you were using that UAV for a commercial purpose.  They have to positively know who hired you.  They have to also prove that you were paid or expected payment by way of an offer or actual payment.   Of course you could help the FAA by admitting whom you contracted with and for how much.  That will seal your fate and get you ready to write the FAA a big check.

If your client is a news organization they can be counted upon to instantly shut down any inquiry involving a news source.  If you have provided them with aerial video, that automatically makes you their news source.  They will fight any and all subpoenas and the various shield laws probably will protect you from exposure.

If the FAA somehow becomes aware you made a video for a paying client they will begin by asking that client who made it and how much was paid.  If it’s not a news organization they will rat you out in a second.  But that information is really not enough to withstand a court hearing.  That’s mostly hearsay evidence that we ban in our courtrooms.

They absolutely will need a witness/s that will testify that they saw you, contract with the client and actually pilot the UAV. 

As for the FAA chasing the little guys shooting video for news organizations, real estate outfits, entertainment projects or weddings.  Each investigation by the FAA will cost them more to conduct each investigation than any fine they’d ever hope to collect.  It’s just not practical unless of course you help the FAA make the case against you by blabbing to them.  

If you’re trying to pay your rent or grocery bill with your camera armed UAV, go ahead and do it.   Always fly safely.   Practicing first in wide-open and uninhabited spaces is an absolute must before you can learn to make a watchable video anyway.  You should have a minimum of 25 or 30 failure free flights behind you before you consider yourself ready to take on paying video assignments. 

The current terrific cameras like the $400.00 GoPro must stay somewhat close to the ground for the best-detailed images.  The FAA’s current 400 Foot limit is more than enough altitude for you to work with.   Helicopter news crews operate above 400 feet but they are using special lenses on their cameras that cost well into tens of thousands of dollars. 

As for the future the FAA has put UAV regulation on the fast track and will have some rules out soon.   I fully expect they will be far more reasonable than the current commercial use ban.  

State and local government lawmakers will quickly get involved now too.  UAV operators will quickly need to hire professional lobbyists to appear before lawmakers to oppose bans and other severe restrictions.  We always seem to elect really ignorant people to or legislatures and city councils.   They run government by knee jerk.

The Netherlands by a camera Armed Drone---Wow!

'Okay I'm hooked on Drones for newsgathering, filmmaking and just plain fun.  I love Germany and the Netherlands and hope to retire there someday.  Here is some great video from yet another high-end offering into this new technology explosion!

Cloudshots.NL | videoshowreel jan. 2014 from Cloudshots.NL on Vimeo.

Cloudshots.NL | bevrijdingsfestival overijssel 2013 from Cloudshots.NL on Vimeo.

http://www.aerialtronics.com/

Remote Control Drones For Business, Fun and Mischief

Phoenix, AZ—I just had to have one of these things when I learned they could carry my wildly popular high definition GoPro cameras to new heights capturing previously impossible video.

I now have the Blade 350 quadcopter that I obtained from B&H Photo.  I also now have two GoPro cameras and a large box of accessories including lots of clever camera mounts.  Two GoPro cameras are not enough for filmmakers that need to cover every angle.  I think I need three more.

Amazon.com just announced their plan to utilize drones to deliver packages less than five pounds in 30 minutes to our homes.   There are some huge hurdles that may prevent that from ever happening.  However the free publicity for Amazon at the beginning of the Christmas season obviously motivated that announcement.

A drone was recently discovered being used to deliver drugs and cell phones to prison inmates. 

One drone owner friend said using his drone in Las Vegas enabled him to peer into various hotel windows to see who was having more fun than he was. 

In an era where TV news is losing its audience to bloggers and other Internet sources drones can cheaply and easily obtain video images that only incredibly expensive helicopters could previously cover. 

The drones can legally be flown at much lower heights than traditional helicopters. Drones for Electronic News Gathering or ENG will become routine.

Ranchers and farmers can use the little drones check on cattle and crops with ease.

Micro-budgets filmmakers can get those overhead shots from the angles of those expensive cranes and jibes.  Of course the angles and heights only helicopters could reach are easy for drones to handle.

GPS and operators using line of sight presently guide the new crop of affordable drones.  There are remote viewing devices including the GoPros alone sending back live video to tablets and smartphones at a somewhat limited range. 

The real estate industry can use these things to obtain terrific aerial images of the properties they're selling.  Building contractors can inspect their projects at every stage of development.

Mall security workers can inspect and patrol their vast parking lots by drone. 

Research and development into drone technology is right now in overdrive.  A simple small drone with a GoPro or similar camera like mine can be purchased for around $1,000.00.   There are bigger and more complex drones with much higher price tags. 

I anticipate drones will very soon be available that can livestream quality video on the Internet for extended periods for less than $10,000.00 in the near future. 

We don’t yet know what laws will be put into place regulating drones or how they will even begin try and to enforce them.  

The survivalists and anti-government crowd were complaining about Big Brother using drones to spy on them.  The tables are turning because these same tools can be now be used to spy on Big Brother.

Learning from Mitch Bergsma the Amazing Deaf GoPro Camera Guru

Austin, TX—Recently I’ve joined the GoPro camera aficionados in a big way.  I’ve also learned that YouTube has some terrific tutorials for almost anything.  So I went searching for ways to best exploit my GoPros (so far I have two). 

I found Mitch Bergsma’s YouTube channel and began watching this fellow’s fine instructional videos.  Most of his videos have no sound nor does he speak.   Nonetheless I’m learning a lot from the video tips he provides. 

Bergsma is young, athletic, incredibly creative and happens to be stone deaf!  Having suffered a somewhat serious hearing loss in recent years I’m fortunate in that I’ve been helped with hearing aids that allow me to function quite normally.

Bergsma who was born deaf has also been helped with hearing aids but prefers to work without them.  It’s obvious that he’s adapted very well at a time before the hearing aids were improved as they are today.  Let me be the first to say my hearing aids annoy me but I can’t live without them.

Bergsma communicates in sign language, pantomime and the written word.  He has a great presence and has a great gift for communication even without saying a word.  Bergsma is a true showman!  Among other things Bergsma is a wakeboarder, scuba diver, and video producer.  He does business under the name MicBergsma Productions.  Bergsma also sells the products he profiles on his various Internet sites.

On YouTube MicBergsma has over 70,000 subscribers and that translates to cold, hard cash!  He garners advertising revenue and his strong Internet presence promotes his equipment sales.  I’d say he’s on his way to being a great American success story.

Bergsma posts videos everyday on YouTube about everything like sports, GoPro tips, his life, anything he captured on camera.

Bergsma is an inspiration.
http://micbergsma.com