Bottom line is, what a mess. More I get involved with PARCAP the more I realize that government is like a sausage factory. You really don't want to know what goes on to make your sausage. And the FAA inspectors are shaking their heads just as much as you and I.
So.. I have a potential shoot in Texas. A 5K. If all the runners signed a video release and we are filming in a park with permission to film should I be ok? Would you guys take the risk or not?
Chris good question. Take a read of the law. It's not that long. Then figure out what risks you are willing to take. First question might be, sure all of the runners signed releases as part of signing up for the race. But what about spectators or others using the park? Or the home owners along the edge of the park? Doubt we will really know what is going to happen in Texas until folks get charged and cases go to court, unfortunately. It is a royal mess.
In events like that the runners sign a release and NORMALLY there is media release language in the sign up, when I did the polar plung last year there was a media release and this comming year there will specific language of me flying. However like Gary said the spectators and owners along the road don't sign such a release. Tread carefully.
It's really nothing new for the FAA. They have done this commercial/non-commercial dance for many years regarding pilots. The UAV hobby/commercial is just the latest iteration. If you take your friends on a two-hour flight and they buy you lunch - well now you're no longer a private pilot, you're a commercial pilot and you need to be licensed as such or the FAA is coming down on you. There is a ton of case law in this area.