What type of sign is needed for an aerial shoot?

GsquaredAerials · Sep 18, 2023

I've been hired to shoot aerials for a corn maze and wanted to know what type of "On Notice" sign is needed at the entrance of the event. It's taking place on a private family farm that is open to the public and admission is being charged. I will be there for just a couple of hours and will be taking aerials of the maze, food truck area and pumpkin patch. I will not be flying directly over people but may be transiting over some people as I cross over the 1300ft x 200ft maze area. If it matters, I'll be in the 150ft -400ft AGL range so no faces will be able to be made out. In the video production world, we use On Notice signs all of the time when shooting in public locations but I don't know how to word one for this purpose. And yes, I do have $1,000,000 liability coverage with Air Modo. Thanks in advance.

Alex Lynch · Sep 19, 2023

It depends on the law in that area. But in general, there should be a disclaimer on the ticket that the guest may be photographed, video taped, and recorded for promotional
purposes(assuming that's why you are flying). And that use of that ticket gives consent.

I'm not a lawyer, so any lawyers here please correct or clarify.

GsquaredAerials · Sep 19, 2023

There's actually no "admission" ticket. People just park and enter the farm. They either buy old school rip-style carnival tickets for the maze or tractor ride to the pumpkin patch.

Air Support Solutions · Sep 19, 2023

Tennessee does have a Right of Publicity, so if the property owner intends to use your video for promotional purposes, the attendees would need to waive their right of publicity. I believe it would be business owner that hired you's problem to solve, not yours. This concludes my ability to google this and learn something I never knew before. How the business owners forces people to waive that right, I can't help with.

GsquaredAerials · Sep 19, 2023

Haha. Thanks for research.

BigAl07 · Sep 20, 2023

Back in the Section 333 days (prior to Sept 2016) our Insurance Company required us to have a "Real Estate" type of sign on the job site for any operation where people "might" be in the area. The signs stated something like:

"Aerial Photo/Video Equipment in Use within this area.
Company NAME
Company Contact #"
We did it that way for several years and it was a hassle but a requirement at that time.

Ajkm · Sep 23, 2023

This sentence is problematic: " I will not be flying directly over people but may be transiting over some people..."
I don't see how you can "transit" over people without, at the same time, "flying" over them; just changing the terminology doesn't change the fact.

If flight "over people" is not permitted where you are flying, then "transiting" over them wouldn't be either.

GsquaredAerials · Sep 23, 2023

I'm just going with a general notice sign.

Enorda · Sep 23, 2023

Ajkm said:
This sentence is problematic: " I will not be flying directly over people but may be transiting over some people..."
I don't see how you can "transit" over people without, at the same time, "flying" over them; just changing the terminology doesn't change the fact.

If flight "over people" is not permitted where you are flying, then "transiting" over them wouldn't be either.

Not actually true in the US. Part 107 states "small unmanned aircraft does not maintain sustained flight over any person" for a Cat 2 or 3 aircraft, with some additional exceptions (Like if they are under a covered structure). So transiting over a person could be legal under 107 even without a waiver. So the FAA rules specifically state "sustained flight" which allows for transit. Being the commercial pilot forum, I suspect this is part 107.

I can't say much about the rules regarding notice, except that my understanding is that the right of publicity is only required if you can actually identify the person in the photo. The Act in question here says that the person owns their name, likeness, some other things, but if you are unable to identify the person, then there is no violation. Of course I am no lawyer, so take it at face value. Also, I can't say that there are no other laws regarding this.