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Commercial Use - Or Not Commercial Use ?

It's as grey as it can be, i.e you can't be sure of anything, like many laws in the US it's cleverly designed to have enough leeway for lawyers to make money on...

You can consider it as being allowed to sell your stuff just as much as it can be interpreted that whatever you shot and that someone "miraculously" happened to be interested in is nothing but disguised commercial operation.

So you clearly run a risk if you do it that way IMO, annoy someone enough and they'll for sure be able to turn things the way you don't want them to appear.

Just a personal opinion of course.
I have read many posts here and in Australia it is different. We pay 10k for a license and then we have to operate under the laws. The rules are quite clear. If you or anyone else makes money from your work then it is commercial and you are not allowed to do it unless you have a license. The drone is an aircraft and must be treated the same way as an airplane. The license doesn't mean you are a good pilot. It means you have studied the rules and will abide by them.As you all know, to get a Private Pilot license to pilot a plane takes a lot of time and study. it also costs about $4500 for the course. To be able to offer your drone services for money you need to know and understand the rules. If you dont you will go down. someone will report you. I know I will report anyone I know that flies a drone for commercial work. I paid my 10k. Others can do the same and Im not going to lose business by doing the right thing.
 
If doing this as a hobby you are not expected to get a COA. You are just expected to follow the safety regulations. Stay away from controlled airspace and fly below 400 and not over people. Thats pretty much it. But if going commercial, you do need to get the permissions.
 

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