Drone performance is a product of the integration of technology and art. As an emerging form of artistic expression, it has become an important form of urban cultural display and a focus of attracting audience attention with its colorful and creative aerial images. However, behind this dazzling display, the multiple responsible parties involved in drone performances, including operators, organizers, technology providers, regulatory authorities, and many complex legal issues, need to be given sufficient attention. This article combines typical cases and relevant laws and regulations in recent years to systematically sort out the legal responsibilities involved in drone performances.

1、 Administrative legal responsibilities that may be involved in drone performances

1、 Punishment for "black flying" behavior

In March 2025, the police in Tongzhou District, Beijing, seized two cases of "black flying". Operators Jiang and Yang were fined under Article 51 of the "Interim Regulations on the Management of Unmanned Aerial Vehicle Flights" for failing to apply for airspace approval through the UOM (Unmanned Aerial Vehicle Integrated Supervision Service Platform). According to the regulations, "flying in controlled airspace without approval may result in a fine of up to 500 yuan; in serious cases, the equipment will be confiscated and a fine of up to 10000 yuan will be imposed". Jiang and Yang's unmanned aerial vehicle equipment will be confiscated and they will be fined.

2. Punishment for unregistered flights

In 2024, Deng from Qiubei County, Yunnan Province, purchased a small civilian drone on a shopping platform without real name registration, and operated the drone to fly more than 120 times in scenic spots. According to Article 47 of the Interim Regulations on the Management of Unmanned Aerial Vehicle Flights, the police of Qiubei County have imposed an administrative penalty of ordering Deng to rectify and imposing a fine of 2500 yuan on civil unmanned aerial vehicles that carry out flight activities without real name registration, and may impose a fine of not more than 200 yuan; if the circumstances are serious, a fine of not less than 2000 yuan but not more than 20000 yuan.

3. Punishment for disturbing public order

During the rehearsal period of the Hangzhou Asian Games, Zheng instigated Peng to conduct a drone performance activity within the controlled area. The flight area was around the Hangzhou Olympic Sports Center, the main venue of the Asian Games. Their behavior disrupted the order of large-scale mass events. According to Article 24, Paragraph 1, Item 6 of the Public Security Administration Punishment Law of the People's Republic of China, the public security organs imposed an administrative detention of 10 days on Zheng and 7 days on Peng.

2、 Civil legal liabilities that may be involved in drone performances

On the afternoon of December 8, 2024, in Xiutu Village, Taiwan Business Investment Zone, Quanzhou, Fujian, the famous Quanzhou artist Cai Guoqiang's "Red Sail" art daytime drone fireworks display was underway. This was supposed to be a visual feast showcasing the theme of "Quanzhou history, traditional culture, and women" using drones and low altitude fireworks. However, an unexpected incident occurred when a large number of drones fell to the ground or into the sea, making the performance unable to proceed normally. The drone crash incident may involve multiple civil legal liabilities:

1. Responsibilities of the organizer

As the organizer of the event, the organizer has the obligation to ensure the safety of the entire performance activity. If the drone falls due to insufficient preparation by the organizer, such as inadequate inspection of drone equipment, failure to identify potential signal interference hazards in advance, and failure to strictly review the qualifications of operators, the organizer shall be liable for compensation for any personal injury or property damage caused to the audience. Article 1165 of the Civil Code stipulates that those who violate the civil rights and interests of others due to fault shall compensate for losses, and Article 56 of the Interim Regulations on the Administration of Unmanned Aerial Vehicle Flight stipulates that those who cause personal or property damage shall bear civil liability. If the falling drone damages the valuable items of the audience on site, the organizer shall bear the liability for compensation.

Even if there is no actual personal injury or property damage, the sudden interruption of the performance undoubtedly brings an extremely poor viewing experience to the audience who have purchased tickets and are full of expectations. The on-site audience has the right to request a refund or partial refund of the purchase price from the organizer in accordance with the provisions of the Consumer Rights Protection Law, as they were unable to fully enjoy the pre paid services.

2. Responsibilities of drone operators

If the operator is at fault during the operation process, such as not following the standard procedures, not conducting a comprehensive inspection and debugging of the equipment before flight, or not taking reasonable measures to deal with abnormal situations, resulting in the drone falling, the operator shall be responsible for the organizer and any third parties that may be damaged. If the operator has signed a contract with the organizer and fails to fulfill the operational obligations stipulated in the contract, resulting in the failure of the performance, they shall compensate the organizer for the losses as stipulated in the contract.

3. Responsibilities of signal interferers

If it is ultimately determined that a third party intentionally used signal interference equipment to interfere with the drone signal, resulting in the drone falling, the behavior of the interfering party constitutes infringement. The interfering party shall bear civil compensation liability for the economic losses (cost input and expected benefits) suffered by the organizer due to the failure of the performance, as well as for third parties who have suffered damages (such as personnel and property damaged by falling drones).

4. Responsibilities of pickers

The falling drone belongs to the property of the event organizer. According to Article 314 of the Civil Code, "if lost property is found, it shall be returned to the right holder". After the finder finds the drone, it shall be returned to the organizer. If the picker refuses to return it and takes it as their own, it violates Article 258, Article 265, Article 267 of the Civil Code, and may even be suspected of embezzlement if the circumstances are serious. If the picker causes damage or loss of the drone due to improper storage, they shall also be liable for compensation to the organizer.

5. Exploration of Liability for Copyright Infringement

The drone performance at the Chongqing branch of the 2025 Spring Festival Gala presented a stunning technological display, presenting a visual feast for the audience. It is worth exploring whether the underlying algorithm for the drone performance and the dynamic images presented can be recognized as copyright. According to Article 3 of the Copyright Law, a work is an intellectual achievement that is original and can be expressed in a certain form. The author believes that the algorithm for arranging drone performances and the dynamic patterns presented are obviously original and also expressed in the form of drone performances, and should be included in the scope of copyright protection. The copyright owner should be granted the right to pursue legal responsibility for infringing on the copyright of drone performances (for commercial purposes, playing dynamic patterns of drone performances, and copying content from other drone performances).

3、 Criminal legal responsibilities that may be involved in drone performances

1. Crime of endangering public safety by dangerous means due to negligence

If the safety of unspecified subjects is endangered during the drone performance due to the negligence of the organizer or operator, according to Article 115 (2) of the Criminal Law, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Those with minor circumstances shall be sentenced to fixed-term imprisonment of not more than three years or detention.

2. Crime of major liability accident

In the event of a drone performance accident, if a drone falls and the organizer fails to set up a safety isolation zone, resulting in injury or death to the audience, it may constitute the crime of "major liability accident". According to Article 134 of the Criminal Law, relevant personnel of the organizer may face imprisonment for up to seven years depending on the severity of the situation.

3. Crime of forging official documents of the armed forces

On March 19, 2021, the 110 Command Center of Chengdu Public Security Bureau received a report from the public that the Longteng Park City property in Chongzhou City was conducting a drone flight performance for publicity purposes. The police learned that a local real estate company in Chongzhou has launched a property sale and hired a cultural communication company in Guangzhou to conduct a formation flight of 150 drones in Longteng Park. The company claims to have obtained military approval and displayed the letter "Letter of Performance Flight of a Cultural Communication Co., Ltd. in Sichuan Region Drone Formation" (2021) No. 1377. The police found flaws in the official documents, and after verification by the military, it was confirmed that the batch of documents was forged. In August 2021, after being tried by the Chongzhou People's Court in accordance with Article 375 of the Criminal Law, Liu, Yang, and Wang were respectively sentenced to one year's imprisonment with a one-year probation.

conclusion

The legal responsibilities involved in drone performances cannot be underestimated. From the registration and punishment of violations of flight permits at the administrative responsibility level, to the obligation to compensate for personal and property damage in the civil liability field, to the severe punishment for violating national security and public safety red lines in criminal responsibility, every link is closely related to the legality and safety of performances.

With the continuous popularization of drone technology and the increasing scale of performances, both performance organizers, operators, and related enterprises should firmly establish legal awareness, strictly abide by laws and regulations such as the Interim Regulations on the Management of Unmanned Aerial Vehicle Flights, conduct comprehensive approval and reporting work before flight, and implement various safety measures during the performance process. While enjoying the innovation and excitement brought by drone performances, effectively avoiding legal risks, ensuring that performance activities are carried out smoothly and orderly on the track of the rule of law, and achieving the harmonious unity of artistic value and legal norms.