A Content Creator’s Comprehensive Guide to Legally Using Drones in the U.S.

Introduction
The drone revolution is transforming content creation, offering breathtaking aerial perspectives once reserved for big-budget productions. From real estate listings adorned with sweeping property views to influencer videos capturing epic landscapes, drones have become essential tools. However, using drones commercially in the U.S. requires compliance with Federal Aviation Administration (FAA) regulations, specifically Part 107.
What is “Commercial Use”?
Commercial use includes any activity where the drone operator receives compensation or benefits. This covers:
- Monetized YouTube channels or social media content
- Photography/videography businesses (weddings, events, real estate)
- Other content creators using drones
- Brand marketing campaigns
- Surveying or inspections for hire
Even solo creators earning ad revenue require FAA certification. Let’s navigate the path to legal, safe, and creative drone operations.
Understanding FAA Drone Certification: Part 107
What is Part 107?
Established in 2016, Part 107 governs commercial small unmanned aircraft systems (sUAS). Certification ensures operators understand airspace safety, regulations, and operational best practices.
Who Needs It?
Anyone flying a drone for commercial gain or financial benefit is required to have Part 107 certification. This applies even indirectly—if you earn money from your drone content in any way, such as monetizing videos with AdSense, promoting your business, or simply using drone photos on your Facebook business page, it is considered commercial use.
Hobbyist rules (under the Exception for Recreational Flyers) do not apply if your content generates income, even if it’s just through advertising or business promotion.
Eligibility Requirements
Before pursuing certification, ensure you meet these criteria:
- Age: At least 16 years old
- Language: Able to read, write, and speak English
- Health: Physically and mentally fit for safe drone operations (no formal medical exam required)
Steps to Obtain FAA Part 107 Certification
Register for an FAA Tracking Number (FTN)
Create an account on the FAA’s IACRA portal to obtain your FTN.
Prepare for the Aeronautical Knowledge Test
Study Resources:
- FAA’s Part 107 Study Guide (free)
- Online courses (Pilot Institute, UAV Coach)
- Practice tests to gauge readiness
Key Topics:
- Airspace classifications (Class B, C, D, etc.) and sectional charts
- Weather patterns impacting drone performance
- Emergency procedures and crew resource management
- Flight restrictions (near airports, national parks)
Take the Knowledge Test
- Schedule at an FAA-approved testing center (~$175 fee)
- Test Structure: 60 multiple-choice questions; 70% (42 correct answers) required to pass
- Focus areas include airspace authorization scenarios, weather decisions, and regulatory compliance
Post-Test Process
- Log into IACRA to apply for your Remote Pilot Certificate
- Undergo automatic TSA background screening (performed during IACRA review)
- Typically receive a temporary digital certificate within a week, with a physical card following by mail within 10–15 business days
Key FAA Regulations for Commercial Operators
Altitude & Distance
- Maximum Altitude:
Commercial drones must not be flown higher than 400 feet above ground level, except when within a 400-foot radius of a structure and not flying higher than 400 feet above the structure’s immediate uppermost limit. This rule is in place to prevent conflicts with manned aircraft. - Visual Line-of-Sight (VLOS):
The drone must remain within the remote pilot’s unaided visual line of sight at all times. This means you must be able to see your drone without binoculars or other visual aids (corrective glasses are allowed). Flying beyond visual range or using only a first-person-view (FPV) camera without a visual observer is not permitted for standard Part 107 operations.
Time & Location
- Daylight Operations:
Drones may only be flown during daylight hours or during civil twilight (30 minutes before sunrise to 30 minutes after sunset, local time). If flying during civil twilight, your drone must be equipped with anti-collision lights visible for at least 3 statute miles. - Restrictions on Flying Over People and Vehicles:
Unless you have a specific FAA waiver or are using a drone that meets strict safety standards under FAA’s “Operations Over People” rule (Categories 1-4), you cannot fly over people not involved in your operation, moving vehicles, or crowds. - Prohibited & Restricted Areas:
Do not fly in restricted zones, such as near airports, military bases, critical infrastructure, or national parks, without proper authorization. Always check for Temporary Flight Restrictions (TFRs) or local rules that may impact where you can fly.
Airspace Compliance
- Authorization for Controlled Airspace:
Before flying in controlled (Class B, C, D, or certain E) airspace, you must obtain real-time authorization via the LAANC (Low Altitude Authorization and Notification Capability) system or by contacting the FAA directly. - Airspace Awareness Tools:
Use the FAA’s B4UFLY app to check airspace restrictions at your flight location. Additional helpful apps include Airmap, Kittyhawk (now Aloft), and Drone Buddy. These tools help ensure you are compliant with all local and federal regulations before takeoff.
Drone Registration
- FAA Registration Required:
All drones used for commercial purposes weighing 0.55 lbs (250 grams) or more must be registered with the FAA. Registration costs $5 and is valid for three years; make sure to renew before expiration. - Marking Your Drone:
Clearly label your drone with the FAA registration number in a visible location before each flight. This is required by law and assists in recovery or identification if lost.
Recordkeeping
- Flight Logs:
Document every flight, including date, location, duration, pilot name, drone ID, and purpose of operation. Also, note any incidents, anomalies, or significant events. - Maintenance Records:
Keep detailed records of all maintenance, repairs, software updates, battery replacements, and pre-flight checks to demonstrate your drone’s ongoing airworthiness. - Waivers & Authorizations:
Store copies of all FAA waivers, airspace authorizations, and any related communications. Record each instance of waiver or authorization use in your flight logs. - Retention and Organization:
Maintain your records for at least three years. Use digital logbooks or recordkeeping apps for easy access, backup, and retrieval.
Following these FAA regulations ensures you operate safely, professionally, and legally as a commercial drone pilot. Proper compliance not only protects your business but also advances the reputation of the drone industry as a whole.
Common Mistakes to Avoid
1. Assuming Hobbyist Rules Apply
Many new pilots mistakenly believe that if they are just “posting for fun” or only occasionally monetizing, they can operate under recreational (hobbyist) rules. In reality, any monetization or business benefit—including running ads, generating leads, or showcasing work on a business profile—counts as commercial use. If your drone content supports your business or earns revenue in any way, you must comply with Part 107 rules and certification.
2. Ignoring Airspace Updates
Airspace restrictions can change rapidly due to temporary flight restrictions (TFRs), emergency situations, special events, or military operations. Failing to check for updated airspace restrictions before each flight can result in serious violations and penalties. Always verify current airspace status using apps like FAA’s B4UFLY, LAANC, or Aloft before taking off.
3. Skipping Recurrent Training
Part 107 certification is valid for two years, after which you must complete recurrent training online through the FAA to maintain your legal status as a remote pilot. Skipping or delaying this step makes all subsequent commercial operations illegal and could invalidate your insurance or contracts. Mark your renewal date and complete training well before your certification expires.
4. Flying Over People Without Proper Authorization
Under current FAA rules, flying directly over people, moving vehicles, or crowds is prohibited unless your drone meets specific safety criteria (FAA Categories 1-4 for “Operations Over People”) or you have been granted a waiver. Violating this rule can lead to fines and legal liability. If you need to fly over people for your work, make sure your equipment and paperwork meet the latest FAA requirements.
Renewing Your Certification
Every 24 months, complete free online recurrent training via the FAA’s website. This training includes updates on regulations like night operations and operational waivers.
Penalties for Non-Compliance
Failing to comply with FAA regulations for commercial drone operations can have serious legal and financial consequences. The FAA actively enforces its rules, and ignorance is not considered a valid excuse. Below are the most common penalties and risks associated with non-compliance:
Civil Penalties
- Fines:
The FAA may impose civil fines for violations, which can range from a few hundred dollars to over $30,000 per violation, depending on the severity and circumstances. - Multiple Violations:
Each infraction (unregistered drone, lack of certification, flying in restricted airspace, etc.) can be penalized separately, quickly increasing total fines.
Criminal Penalties
- Criminal Charges:
In cases involving reckless flying, endangerment, or intentional violations, drone pilots may face criminal prosecution. This can result in significant fines and even jail time for the most serious offenses. - Interference with Manned Aircraft:
Endangering manned aircraft or flying near airports without permission may lead to particularly severe penalties.
Loss of Certification & Business Repercussions
- Suspension or Revocation:
The FAA can suspend or revoke your Remote Pilot Certificate, making it illegal for you to operate drones commercially. - Insurance Issues:
Operating outside the law can void your drone liability insurance, exposing you to out-of-pocket costs for damages or lawsuits. - Damage to Reputation:
Non-compliance can result in negative publicity and loss of client trust, harming your business prospects.
Other Consequences
- Seizure of Equipment:
Authorities may seize drones or related equipment involved in illegal operations. - Legal Action from Third Parties:
If your flight causes injury, property damage, or privacy violations, you may be sued by those affected.
Bottom line:
The risks of non-compliance far outweigh the effort to follow the rules. Staying up-to-date with FAA regulations and operating legally will protect you, your business, and the future of the drone industry.
Conclusion & Next Steps
Achieving your Part 107 certification unlocks limitless creative potential while prioritizing safety. Stay informed through FAA newsletters and apps like Airmap. Consider exploring advanced topics such as obtaining waivers or detailed rules (e.g., Operations Over People).
Ready for Takeoff?
- Bookmark FAA’s DroneZone portal
- Engage with drone communities (e.g., Drone U) for peer support
Ready to Elevate Your Content?
Explore the latest DJI drones and gear at the official Amazon DJI Drone Store.
Find the perfect equipment to unlock your creative vision!
Disclaimer: This guide provides general information and does not substitute legal advice. Consult the FAA or an aviation attorney for specific concerns.
By adhering to Part 107, you’re not only complying with legal requirements but also elevating industry standards. Fly smart and create boldly! 🚁✨