United States: Drone Cinematography: A New Filmmaking Vernacular

Last Updated: March 1 2016
Article by Mark J. Connot and Jason J. Zummo

Shaken and disoriented, the young student dragged himself down a dark and empty alley in a slum of Mumbai. As warm blood trickled down his forehead into his eyes, momentarily blinding him, a voice in his head screamed "why didn't I just hand over the stupid money...he had a knife!" As his hunched over shape materialized from the darkness of the alley, curious bystanders gathered around as he collapsed from his many gaping wounds.

Quietly hovering above the closed set and crowd of extras, a drone captured the action on film using a high quality Red One camera for an episode of Criminal Minds. As filmmakers use drones more regularly on set, they are changing the way that movies and television shows are made.

The dynamic ability of drones provides directors and cinematographers with a myriad of unique opportunities. Drones are becoming popular tools for the film industry because they allow filmmakers to create more distinctive shots quicker, safer, and cheaper. With their ability to go where people and manned aircraft simply cannot, drones allow filmmakers to capture previously unattainable images such as overhead imagery from perspectives too low for a manned helicopter and too high for a crane.

As drone technology evolves and high definition cameras become more durable and compact, formerly difficult, expensive, and dangerous shots will become easier and more viable to obtain. This will ultimately open up new cinematic possibilities that will push innovative and creative boundaries in the industry.

The dynamic filmmaking ability and cost effectiveness of drones on TV and film sets has allowed filmmakers to minimize the use of manned helicopters, both reducing hazards and costs. Although less than 10% of all film productions currently use drones, aerial cinematography companies using drones typically cost Hollywood studios $4,500 to $8,000 a day, compared with $15,000 to $25,000 for a helicopter shoot.

While drone use in cinematography may reduce flight risk and costs, it is not without limitations. Image quality and stabilization continue to present technical challenges. Additionally, with a limited battery life, drones carrying heavy high definition movie cameras do not allow for long shoots. Furthermore, when it comes to filming high-speed action scenes, helicopters are often preferable to drones. However, as drone technology continues to improve, the future of drone filmmaking is limited only by imagination.

The FAA has jurisdiction over the use of drones for commercial purposes. Therefore, using a drone for filming without specific FAA approval violates current FAA regulations. Although the current legal and regulatory framework in the U.S. is murky, the FAA intends to issue final regulations governing commercial drones sometime this year.

Until those new regulations are issued, here are some current basic guidelines for closed set motion picture and television drone filming:

  1. Drones are not permitted to fly within 5 miles of an airport, unless written permission is obtained.
  2. The drone must weigh less than 55 pounds, including energy source(s) and equipment.
  3. The drone may not be flown at a ground speed exceeding 50 knots (58 MPH).
  4. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL).
  5. The drone must be operated within visual line of sight of the drone operator at all times. All operations must utilize a visual observer (VO).
  6. The drone operator must possess at least a private pilot certificate.
  7. The drone must remain clear and yield the right of way to all other manned operations and activities at all times.
  8. Drone operations may not be conducted during night.
  9. The drone may not be operated from any moving device or vehicle, i.e., operator must operate from a stationary position.
  10. The drone may not be operated directly over any person, except authorized and consenting production personnel essential to the close-set film operations, below an altitude that is hazardous to persons or property on the surface in the event of a drone failure or emergency.
  11. The operator must ensure that no non-participating persons and vehicles are allowed within 500 feet of the area except those consenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and the FAA has approved it.

If you intend to use drones for commercial filming, it is critical that you verify the drone operator you engage is authorized by the FAA and any applicable state law to operate drones. It is also up to you "to verify that such authorization is for the purpose for which you engage the drone operator." This is an important detail because while operators may be granted an exemption to operate drones for "aerial cinematography," there are also exemptions for other purposes not related to filming, such as aerial surveillance of pipelines, crops, and real estate.

In addition to authenticating that the drone operator has proper credentials, it is important to verify if other permits, exceptions, or permissions are needed for your specific use as mandated by the FAA or other applicable law.

It is also important to note that "just because a company has been granted an (via Section 333) exemption, that does not necessarily mean it can legally fly a drone for commercial filming purposes." Again, it is up to you to make sure that the drone operator you engage lawfully may provide the service. Before becoming involved in drone cinematography, either on your own or through the use of another company, it is important that you consult legal counsel knowledgeable in the area of drone law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Mark J. Connot
Jason J. Zummo
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions