http://www.mediabistro.com/tvspy/leg…00#more-117200
Reducing Risk: Still Need Indemnification
For any advertising or media companies still considering the use of UAVs, it should be with the understanding that the FAA may send a cease & desist letter or impose a fine. Even if you have full confidence that the full NTSB board will ultimately uphold the decision, if the FAA imposes a fine in the interim, it may still be expensive for your company to contest such a fine while waiting for the decision of the full NTSB board.
It is also reasonable to assume that vendors offering the services of UAV operators will be better informed about this developing area of law, and therefore, advertising & media companies engaging UAV operators should require a representation of compliance with all laws, rules, and regulations, plus ensure that any indemnification provision extends to alleged breaches of such a representation. This will help shift the risk away from the advertising & media company, and allows the UAV operator to determine how to be in legal compliance. In fact, there are a few UAVs that the FAA has certified in the last few months, and although they are larger and far more expensive than most of the light-weight UAVs currently used for advertising & media purposes, a tailored representation & warranty clause – in combination with a robust indemnity clause – can shift this determination & risk away from your company.
Moreover, the risk of using light-weight UAVs for advertising and media is not solely limited to fines imposed by the FAA. Although experienced UAV operators may have great judgment and outstanding control of their UAVs, an inexperienced UAV operator with poor judgment might increase the risk of a lawsuit from damaged property or invasion of privacy. It is therefore prudent for any advertising or media company that is considering engaging a UAV operator to ensure that the underlying contract’s indemnification provision is robust and makes the UAV operator responsible for all of the potential risks associated with such activity. After all, light-weight UAVs are only a cheaper alternative for capturing aerial video footage until your company is responsible for paying a fine or defending a lawsuit.