Air traffic liability insurance (drones)

Unlike one would expect, the professional liability insurance of the film maker does not apply in this case. The operation of drones is usually excluded or not provided for in older contracts. Instead, air traffic liability insurance takes effect. Therefore, all artists and creatives who work with drones are strongly advised to obtain suitable air traffic liability insurance coverage.
The following also applies to stage artists and organizers: The use of drones is not included in an organizer's liability insurance coverage. Additional air traffic liability insurance must be obtained. If, for example, a band uses drones during a live concert, care should be taken to ensure that the group has adequate insurance coverage.

• Coverage is not tied to the drone but to the owner of the drone.
• If, during the above-mentioned concert, drones are also controlled by technicians employed by the organizer, the band must have air traffic liability insurance coverage, which includes authorized third parties. If the drones are provided by the organizer, the organizer must have a corresponding insurance policy - one that includes the use of the drones by the band as an authorized third party. If a drone is leased, care must be taken that the insurance coverage of the drone's owner includes operation of the drone by authorized third parties!

When deciding on the exact protection features, the following points must be considered and should be included in the insurance policy:

• deductibles in the event of personal injury and property damage (if applicable)
• weight of the drone including camera
• validity for all drones operated by an electric motor, such as: quadrocopter, multicopter, hexacopter, octocopter, etc.
• all authorized persons are permitted to operate the drone (the policy holder as well as third parties, provided that the policy holder consents to them using the drone; consent here means: surrender of the drone to a third party)
• personal or professional use of the drone by the policy holder (only necessary if the use is exclusively personal; professional use includes personal use)
• scope: Germany/Europe/worldwide
• the amount of coverage should not be too low; possible coverage amounts are 1, 1.5, 3, 4, 5, or 10 million euros; an amount of at least 5 million euros is recommended
• It is possible to include several drones in a policy by specifying the serial number. This does not necessarily increase the premium - however, only one drone may be in operation at any given time. The risk, and thus the premium, increases, if several drones are being operated simultaneously, by authorized third parties.

Furthermore, the insurance policy should include the following:

• automatic and autonomous operation (which is only covered if it occurs within the operator's visual range and allows for manual, real-time intervention via the remote control)
• flights outside of model aerodromes
• participation in public events, e.g., stage shows
• all drone control options (tablet, smartphone, remote control)
• photo and film recordings for personal and commercial use
• participation in flight competitions, if applicable
• indoor flights, if applicable

If artists or creatives have air traffic liability insurance coverage in Germany and use drones in projects abroad, they should establish in advance if their insurance coverage also applies in Europe and worldwide.

The same applies to artists and creatives from abroad who use drones in projects in Germany: If they have air traffic liability insurance coverage in their country of residence, it must first be ascertained whether this coverage also applies in Germany.
Another possibility would be to purchase insurance in Germany. Although the insurers in Germany do not currently offer short-term coverage, the premiums for air traffic liability insurance is affordable and amounts to approximately 180 euros per year.