Ford Anglia hovering over the Glenfinnan Viaduct against the picturesque Scottish landscape in pursuit of the Hogwarts Express in ‘Harry Potter and the Chamber of Secrets’, James Bond’s thrilling chase of a villain over the steep roof of Istanbul’s Grand Bazaar, or the dancing spectacle of a circus troupe in ‘The Greatest Showman’ – these are just a few of the legendary big-screen scenes that owe their unforgettable dynamism and impact to the use of drones. Drones are increasingly being used in the creation of cinematic productions, advertising spots, sporting events, as well as the creation of commemorative footage of wedding receptions or other private celebrations.
Nowadays, drones are having a huge impact on the reality around us. One area that has experienced a revolution thanks to drones is the film industry. Over the years, new technologies have become increasingly important in the creation of films and all kinds of shows. Drones, which play a key role in this transformation, have greatly expanded the possibilities and freedom of filmmakers.
Creating frames from the airspace is not a new procedure in film production, but previously less economical helicopters or specially installed cranes were used for this purpose. Drones are an innovation that have revolutionised the film and entertainment industry in many ways.
DRONE REGULATIONS IN THE UNITED STATES
Any regulation of the use of drones in film production is relatively recent. In the case of Hollywood, the Federal Aviation Agency – the aviation regulatory authority in the United States – only allowed limited commercial drone use on film sets in 2014 [1].
Under the regulations at the time, companies and organisations seeking to obtain an individual exemption under the General Flight Rules had to demonstrate that the required level of safety would be ensured in the use of drones and that the projects for which they would be used were in the public interest. In addition, the permitted circle of pilots of drones was limited only to pilots holding a Private Pilot Licence (i.e. the US equivalent of a Tourist Licence) [2] on whom the obligation to keep the controlled drone in sight was imposed. In addition, night footage was prohibited under the regulations in question [3]. Gradually, regulations liberalising the above recommendations were introduced. In 2021, the Federal Aviation Administration issued regulations according to which small civilian drones weighing less than 55 pounds (approximately 25 kilograms) are allowed to operate, including at night and over people, but with specific safety requirements detailed in the regulations [4].
DRONE REGULATIONS IN POLAND
In Poland, the regulation of safety issues related to the use of drones for filming has, as we know, been changed relatively recently through EU regulations. Maintaining appropriate standards and regulations, is necessary to avoid accidents and to negate the likelihood of potential damage. It is worth outlining some of the regulations that define how drones are legally allowed to be used for filmmaking purposes.
Significant changes in terms of legislation related to the use of drones for filming have been brought about by the entry into force of Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on rules and procedures for the operation of unmanned aerial vehicles.
Previously – prior to the entry into force of the EU regulations – in accordance with the Regulation of the Minister of Transport, Construction and Maritime Economy of 26 March 2013 on the exclusion of the application of certain provisions of the Aviation Law to certain types of aircraft and the determination of the conditions and requirements for the use of such aircraft issued pursuant to Article 33 of the Act of 3 July 2002. – Aviation Law, when using unmanned aerial vehicles for purposes other than sport or recreation, it was necessary for the operator to hold a qualification certificate. Referring to the definition of the said authorisation in Article 95 of the Aviation Law – a certificate of qualification is a document stating the possession of certain qualifications and authorising the performance of certain aviation activities. An operator’s certificate of qualification (UAVO) was not required when capturing footage using a UAV for recreational purposes [5], viz:
- was performed for personal use,
- did not involve remuneration,
- did not take place as the performance of a service in accordance with a business activity.
The document was issued by the President of the Civil Aviation Authority after undergoing theoretical and practical training and passing the relevant examinations in these areas.
In addition, it is worth mentioning that, in accordance with the content of Appendix No. 6 on Detailed requirements for aeronautical qualifications in terms of knowledge, skills and practice for the certificate of qualification of an operator of an unmanned aerial vehicle used for purposes other than recreational or sport (UAVO) to the Regulation of the Minister of Transport, Construction and Maritime Economy of 3 June 2013 on certificates of qualification, among the ratings entered in the certificate of qualification of a UAVO operator, there was a distinction between basic ratings and additional ratings. Among the basic ratings, a distinction was made between the rating to fly only within line of sight, the ‘VLOS rating’, and the rating to fly within and beyond line of sight, referred to as the ‘BVLOS rating’. The document may also have granted additional ratings, i.e. an instructor rating (with the designation INS) or a rating for a specific category of aircraft.
Now, by virtue of Commission Implementing Regulation (EU) 2019/947 from 31 December 2020, there have been significant changes to the above regulations. (It should be noted, however, that the date of entry into force of individual provisions of the aforementioned regulation, including those concerning certain obligations of the pilot and the operator of the unmanned aircraft, has been postponed until as late as 1 January 2024). The provisions of the Regulation do not include specific conditions for flights for remuneration purposes, but distance from people, the weight of the device and risk assessment are important criteria. Exploitation activities are divided into three categories: open, specific and certified.
- Open category – refers to the use of the least risky drones, i.e. unmanned aircraft with a maximum take-off weight of less than 25 kg. There are certain restrictions associated with this category: during flight, the drone must not be more than 120 metres from the nearest point of the ground surface (except when flying over an obstacle), plus the pilot must keep the device constantly in sight.
Operations are divided into 3 subcategories:
- Category A1 – under this category it is permitted to fly over members of the public, excluding gatherings, limiting as far as possible the time the drone is positioned over them.
- Category A2 – conditions the safe distance of the device from bystanders as not less than 30 metres horizontally from them and, with the low speed mode and safe judgement function, not less than 5 metres.
- Category A3 – involves flying only in an area where the pilot can expect that, under normal circumstances, the flight will not pose a hazard to members of the public. Additionally, it assumes that the flight area will be at least 150 metres horizontally away from residential, commercial, industrial or recreational areas.
For the open category, it is not required to have a flight permit issued by the Civil Aviation Authority. However, in order to obtain a rating in this category to fly a drone weighing more than 250 g or a drone with a camera, which at the same time does not fall under the regulations of the “toy” Directive 2009/48/EC, according to the rules in force before the EU regulations came into force, one had to:
- If you do not have a certificate of operator qualification (UAVO) – undergo training and pass a test provided online by the Civil Aviation Authority.
- In the case of holding a valid operator qualification certificate (UAVO) – a basic rating with at least one additional rating – it was possible to convert the rating, in which case it was renewed for five years.
- Special category – covers medium risk flights, requires verification of the device and, in some cases, permission to fly from the Civil Aviation Authority. Applies to drone use where it goes beyond the general category. For an operation meeting the criteria of the special category, registration of all drone operators in the Civil Aviation Authority’s system and the granting of specific authorisations is required.
- Certified category – is associated with high-risk operations, i.e. where the flight takes place over gatherings of people, involves the transportation of people or the transportation of hazardous materials that may pose a high risk to third parties in the event of an accident. For the use of a drone in this category, certification of the unmanned aircraft is required under the rules set out in Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aerial systems and operators of unmanned aerial systems from third countries. The operator is required to hold a rating of not less than ‘specific’ and to meet the requirements of the President of the Civil Aviation Authority. If the competent authority deems it necessary, pilots of the certified category should be subject to licensing.
Commercial photographers most often use drones within the open category.
TYPES OF DRONES USED IN THE FILM INDUSTRY
As mentioned earlier, the attractiveness of drones in the creation of all kinds of film productions is mainly related to their mobility and the possibility of filming a wide frame, even under extreme conditions. These advantages are closely related to the technical specifications of the equipment used.
There are several types of drone: multi-rotors, helicopters and airframes. In film production, multicopters are most often used, i.e. drones that have the greatest manoeuvrability and enable them to reach even the most inaccessible places. Modern film productions gain in quality and originality thanks to drones, attracting the attention of viewers and delighting them with unusual frames. The ability of UAVs to track dynamic target-actors and the orientation of other objects is important in this respect. Solutions used in this regard include the use of an image recognition system, as well as GPS signals and inertial navigation, a system based on the measurement of accelerations and angles of rotation in three planes. However, these methods are still unreliable and adapted more for recording in an outdoor environment. An alternative method that is adapted for indoor operation is to use a motion capture system to continuously track the position of the objects being recorded. Some drones are equipped with high-definition cameras, while others are built to be connected and replace equipment. The technology being deployed nowadays is increasingly creative and promising for the film industry.
THE IMPACT OF DRONES ON THE FILM INDUSTRY
There is certainly no denying the revolution that drones have brought about in the art of filming and cinematography. The most visible aspect is the change in the way scenes are filmed. With the use of drones, the production of films and television programmes that once required expensive helicopters, difficult constructions or specially adapted cranes has gained a whole new dimension.
The overwhelming advantage of technological advances in the world of cinema is economic. The operation of drones is much cheaper and less demanding than traditional methods. Reduced costs for fuel, eventual repair, maintenance and operation of the drone, make it now a more commonly used method in the filmmaking process. Unmanned aerial vehicles save not only resources, but also valuable time. Thanks to them, the camera operator is able to monitor the image almost in real time, which is much more difficult in the case of a helicopter, where communication between pilot and camera operator can be a problem and generate the risk of having to reshoot the shot.
An additional advantage of drones is the ability to obtain beautiful wide-angle shots and to record in areas where access is difficult. Nevertheless, a major drawback should be noted – the relatively low ability of drones to avoid collisions in the case of small and unexpected obstacles. This is an issue that requires further development of the technology.
Another aspect worth noting is the flexibility and mobility during the creation process. Due to its relatively small size, transporting drones to different film sets is easier, which is quite an advantage in terms of logistics when planning a production.
Additionally, drones have an undoubted advantage over other types of installation when considering the safety of the camera operator. Especially when creating footage in extreme or difficult conditions, such as creating shots over mountain passes, during floods or from high altitudes. The equipment is also useful for gathering information from territories affected by war or natural disasters, making it possible to create reportage without putting correspondents in immediate danger. An example of such footage is the video taken by Bjorn Steinbekk showing the interior of Iceland’s Fagradalsfjall volcano during an eruption. [6] Recording such footage without the use of mobile devices would have been downright impossible without seriously endangering the life of the camera operator.
The use of drones in the film industry brings numerous benefits. Drones have tremendous manoeuvrability, allowing them to approach objects over short distances and capture dynamic shots with unprecedented flexibility, without risk to human life or health.
DRONE SHOTS
In an extension of one of the key advantages of drones in terms of video recording, it is worth looking at the surprising shots that can be taken with them. With the use of drones for filming, it is possible to achieve a wide-angle perspective shot, which has hitherto been problematic and less common, especially in challenging environments such as mountain peaks. Techniques that are used with modern technology include panning, ‘orbit’ and ‘dolly zoom’.
- Panning technique – this is a method that resembles the movement performed when the head is turned. It is often used in Wes Anderson films.
- The ‘orbit’ technique – when the camera drone is rotated, a 360-degree panoramic view of the surroundings is shown. An example of its application is the scene at the party in Christopher Nolan’s film The Dark Knight.
- The ‘dolly zoom’ technique – an effect that involves the simultaneous, rapid accomplishment of two opposite actions – bringing the lens closer to the subject, by extending the focal length, while physically moving the camera away in the opposite direction (or the reverse action). This method of taking a shot can be seen in The Lord of the Ring: The Fellowship of the Ring, to show Frodo’s inner tension, by visually isolating him from the rest of the characters.
All these techniques make an incredible impression on the audience, and their execution with drones heightens the effect.
FILM INDUSTRY AND DRONES
Evidence of the growing importance of ‘aerial cinematography’ is the creation of the world’s first festival dedicated to drone-only film productions, which takes place in New York. The NYC Drone Film Festival is an event that supports and promotes the use of drones in cinematography by awarding prizes in 11 different categories:
- FPV (First-Person View) cinematography and the best film of the show,
- Extreme sports,
- Landscape and architecture,
- Photo,
- News and documentaries,
- Narratives,
- Freestyle FPV,
- involving drones,
- X-factor,
- “Dronie,
- Showreel.
The NYC Drone Film Festival is a prime example of how technology can inspire and expand the horizons of creativity. Drones are revolutionising cinematography, opening the door to new narratives and ways of telling stories. UAVs not only reduce production costs, but also allow filmmakers to express their artistic vision in ways that seemed impossible just a few years ago.
SUMMARY
Drone technology in cinematography is becoming a popular choice because of the range of benefits its use offers. Drones allow filmmakers to explore new perspectives and creative approaches to narrative. They can be used to capture picturesque landscapes, dynamic action scenes and close-up shots. It is a tool that not only reduces production costs, but also opens the door to entirely new artistic possibilities.
As drone technology becomes more accessible, we can expect their importance in the cinematography and entertainment industry to continue to grow. At the same time, it is important to respect safety and privacy regulations to avoid dangers and legal conflicts. Drones have the potential to further transform our cinematic and entertainment experience, It is certainly an exciting development in these areas.
Magdalena Paź, 4th year student at the Faculty of Law and Administration of the Jagiellonian University in Kraków
REFERENCES:
[1] www.faa.gov/speeches/faa-exemptions-commercial-uas-movie-and-tv-production
[2] www.pl.wikipedia.org/wiki/Private_Pilot_Licence
[3] www.faa.gov/speeches/faa-exemptions-commercial-uas-movie-and-tv-production [accessed 21.10.2023].
[4] www.faa.gov/uas/commercial_operators/operations_over_people [accessed 21.10.2023].
[5] M. Ostrihansky, M. Szmigiero, 1.2 Safety and innovation [in:] M. Ostrihansky, M. Szmigiero, Drone law. Unmanned aerial vehicles in European Union and national law, Warsaw 2020, pp. 254-256.
[6]www.newsweek.com/watch-lava-erupting-inside-volcano-amazing-drone-footage-1686347 [accessed:21.20.2023].
SOURCES:
- M. Ostrihansky, M. Szmigiero, 1.2 Safety and innovation [in:] M. Ostrihansky, M. Szmigiero, Drone law. Unmanned aerial vehicles in European Union and national law, Warsaw 2020.
- Galvane, Q., Fleureau, J., Tariolle, F. L., & Guillotel, P. (2017). Automated cinematography with unmanned aerial vehicles. arXiv preprint arXiv:1712.04353.
- Regulation of the Minister of Transport, Construction and Maritime Economy of 26 March 2013 on the exclusion of the application of certain provisions of the Aviation Law Act to certain types of aircraft and the definition of conditions and requirements for the use of such aircraft (i.e. Journal of Laws 2019, item 1497).
- Act of 3 July 2002. – Aviation Law (i.e. Journal of Laws 2023, item 2110).
- Regulation of the Minister of Transport, Construction and Maritime Economy of 3 June 2013 on certificates of competence (i.e. Journal of Laws 2023, item 167).
- Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on rules and procedures for the operation of unmanned aircraft (OJ EU. L. 2019 No. 152, p. 45, as amended).
- Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ EU. L. 2009, No. 170, p. 1, as amended).
- Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aerial systems and operators of unmanned aerial systems from third countries (OJ EU. L. 2019 No. 152, p. 1, as amended).
- P. Kasprzyk [in:] Aviation Law. Commentary, ed. M. Żylicz, Warsaw 2016, Article 95, pp. 366- 367.
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