Your gear, your shoots and the venue's certificate.

Model releases and California's likeness law

California Civil Code section 3344 makes a person who knowingly uses another's name, voice, signature, photograph or likeness on or in products, merchandise or goods, or for advertising or selling, without that person's prior consent, liable for damages. For a minor, the prior consent has to come from a parent or legal guardian. The statute sets damages at the greater of $750 or the actual damages suffered, plus profits from the use that were not counted in actual damages. Punitive damages may be awarded, the prevailing party recovers attorney's fees and costs, and a court can order the use removed or stopped.

Subdivision (d) says consent is not required for a use in connection with news, public affairs, sports broadcasts or accounts, or a political campaign. Rules on likeness outside California vary by state.

What underwriters and clients tend to ask about before a commercial shoot:

• Signed releases from recognizable people in work used for products or advertising, with a parent or legal guardian signing for a minor.
• How the images will be used. Tell me whether you shoot ads, product work or stock, not only events.
• Where the releases are kept. Keep them with the files so you can produce them if a client or subject asks.

I read the media and advertising wording on general liability and professional liability quotes with you, so you know what each form excludes.

Shooting in a national park

National parks set their own rules, so check the specific park before you book a session. Yosemite is a California example. Its filming and still photography page says filming, still photography or audio recording of eight or fewer people needs no permit or fee only if it meets all of these conditions:

• It occurs in areas open to the public.
• It uses hand-carried equipment only.
• It does not require exclusive use of a site.
• It does not adversely impact park resources, values or other visitors.
• It is not likely to result in additional administrative costs for the park.

The page also says permits are required for all filming in Yosemite's wilderness areas, no matter the group size or equipment.

When a permit is needed, Yosemite requires proof of liability insurance issued by a U.S. company, generally at least $1 million each occurrence. The certificate must identify the production company by name and business address and list the United States as an additional insured. High-risk activities require higher amounts, smaller low-risk projects may be eligible for a reduction to $500,000, and personal or homeowners liability is not acceptable. Still photography that requires a permit is prohibited on weekends and holidays, complete applications typically take at least 30 days to process, and operating a drone is on the park's list of prohibited activities.

Send me the park's requirements early so the certificate matches what the permit office asks for. For larger productions, a film production policy may be the better fit.

Drone shots over people

Clients often ask for an aerial shot of the crowd, and FAA rules are strict about it. Under 14 CFR 107.39, no person may operate a small unmanned aircraft over a human being unless that person is directly participating in the operation, is under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling aircraft, or the operation meets at least one of the operational categories in Subpart D of Part 107.

Category 1 is set out in 14 CFR 107.110. The aircraft must weigh 0.55 pounds or less on takeoff and throughout each operation, including everything on board or otherwise attached, and must not contain exposed rotating parts that would lacerate human skin on impact. Sustained flight over open-air assemblies of people under Category 1 also has to meet 14 CFR 89.110 or 89.115(a).

Guests at a reception who are not directly participating in your flight are covered by that rule, so plan the shot around them or confirm your aircraft and operation fit a category before you promise it to a client. I quote drone liability and hull coverage on a separate drone insurance policy, and underwriters will ask what aircraft you fly and where.

Official sources

• California Civil Code section 3344 (california.public.law)
• California Labor Code section 2778 (california.public.law)
• 17 U.S.C. 411, registration and civil infringement actions (Cornell LII)
• 17 U.S.C. 412, registration as prerequisite to certain remedies (Cornell LII)
• 17 U.S.C. 504, remedies for infringement (Cornell LII)
• Filming and Still Photography in Yosemite National Park (NPS)
• 14 CFR 107.39, operation over human beings (Cornell LII)
• 14 CFR 107.110, Category 1 operations (Cornell LII)