Kathryn McCulloch, Author at Drone Law Canada

It’s all about the copyright – why managing the copyright of creative works captured by drone should be top priority

Posted on June 21, 2018 By Kathryn McCulloch
Categories: Articles, Legislations, Uncategorized

The latest tool in a marketer’s toolbox – footage, stills and sound recordings captured by drone.

While so much time and effort goes into the creative process when shooting stills, sound recordings or action footage for marketing materials and other commercial uses, who owns the copyright to the stills, recordings and footage captured by the drone? While most would assume that it is the customer (the party paying for the work product), Canadian copyright law says otherwise.

In Canada, the general rule is that the drone pilot capturing the work product is the presumptive first owner of the copyright. The circumstances where this general rule governs (and where it does not) are discussed below.

EVENT: Is the drone operator you hired an employee? Seminar on employment law implications for companies hiring drone services operators

Posted on May 17, 2018 By Kathryn McCulloch and Rachel Kattapuram
Categories: Events

Using drones as part of your business is a milestone. From a legal perspective, the classification of drone operators hired by your business matters – are they independent contractors or employees? Generally, a business has greater obligations to an employee than an independent contractor.

On May 25, 2018, we will be presenting at the Dentons’ Labour, Employment and Pensions group seminar on the legal and financial implications of classifying a drone operator as an independent contractor or an employee of your business.

You are invited to join us at this highly-anticipated and complimentary half-day seminar on emerging workplace and human resources issues.

Mining Industry Puts Drones to Work – Legal Considerations for Flying Drones in Mining in Canada and Abroad

Posted on May 8, 2018 By Kathryn McCulloch
Categories: Articles

Mining companies (in Canada and abroad) are incorporating the use of drones into daily operations to perform tasks that are inefficient, impractical, or unsafe for human operators. Common tasks for drones include monitoring environmental and weather conditions, conducting geophysical surveys, identifying hazardous situations and warning against intruders on-site.

Legal Considerations

The legal considerations for Canadian production and exploration mining companies operating in Canada and abroad are numerous. Not only are companies required to adhere to the regulatory requirements to operate within a given jurisdiction (provided that the foreign jurisdiction allows for the use of drones), careful consideration should be paid to export and import controls when taking drones across international borders.

Canadian National Parks are No Place for Your Drone

Posted on April 16, 2018 By Kathryn McCulloch
Categories: Commentary, Regulations

Even though spring will soon be here, packing your drone up with your camping gear or picnic supplies for a trip through one of Canada’s national parks is still a no-go.

Parks Canada prohibits the recreational flight of drones in Canada’s national parks. Drone flight within the parks is cited as a potential source of danger for wildlife and visitors, according to the Parks Canada website.

Non-recreational use is permitted in some circumstances; it requires the advanced permission of the Parks Canada Field Unit Superintendent, as well as adherence to the requirements for drone flight set out in the Canadian Aviation Regulations.

PHOTO: Drone Thought Leaders Speakers Series – Advances in the Drone Industry – March 28, 2018

Posted on April 11, 2018 By Kathryn McCulloch
Categories: Uncategorized

Thank you to everyone that joined us for the Drone Thought Leaders Speakers Series – Advances in the Drone Industry on March 28, 2018. Our industry-leading speakers, Tom Hanson of the Sky Guys, Bashir Khan of Scorpiox Technologies and Hartley Lefton of Dentons, enlightened us all with their views and expertise!

Join us soon for the next Drone Thought Leaders Speakers Series event!

VIDEO: Drones to the Rescue – Australian Coast Guard Uses Drone to Rescue Swimmers

Posted on March 29, 2018 By Kathryn McCulloch
Categories: Commentary

The Australian coast guard happened to be conducting drone flight tests when two teenage boys were found to be in distress and caught in an ocean swell. The quick thinking operator was able to drop a self-inflating life raft from a drone 800ft above the distressed swimmers. Ultimately, they made it to safety.

Read about it further in the Toronto Star and CBC.

Is the drone services operator I hired an independent contractor or employee of my business? Key reasons why the distinction matters

Posted on March 21, 2018 By Kathryn McCulloch and Rachel Kattapuram
Categories: Articles

I. Introduction

When it comes to hiring a drone operator, there is no shortage of work-for-hire subcontractors in Canada. Given the level of skill, technology and regulatory compliance required to operate drones, hiring a commercial drone operator is often the most cost-effective method of incorporating drones into your business.

However, when hiring a drone operator, businesses should be careful to ensure that they are characterized as “independent contractors” – not as “employees”. The main reason that a business should not unwittingly allow a drone services operator to be considered an employee is because employers owe certain legal duties to their employees, and employees have specific legal rights that independent contractors do not.