Planning a Brand Photo or Video Shoot in Palm Beach County

Build the shot list from the uses

Write down every place an image or clip will appear before choosing a single shot. A website hero wants a wide frame with room for a headline. A press kit wants clean portraits. Ads want vertical crops. A sign or a printed piece wants high resolution. Each use becomes a line on the shot list.

Choose locations with the permit in mind

Decide where to shoot and what it requires at the same time. Private property with the owner's permission is simplest. Public parks, beaches, streets and sidewalks need a permit, which the county film commission issues free for most of the county. The Town of Palm Beach needs Town Council approval and far more lead time.

The county commission asks for three business days for a standard permit and requires liability insurance. The Town of Palm Beach requires an application 20 business days before a monthly council meeting and limits commercial filming to commercial districts. A waterfront scene in West Palm Beach and one across the bridge are therefore two different schedules.

Scout at the hour you plan to shoot. Look at where the sun falls, where a crew can park, how loud the street is and whether the background includes a neighbor's sign or home. If a drone is involved, the pilot should check the airspace for that address before the location is confirmed.

Get releases signed before the shoot

Get written consent from every recognizable person. Florida's Section 540.08 says no one may publicly use a person's name, portrait, photograph or other likeness for trade or advertising without that person's express written or oral consent. A signed release is how you prove consent later. Staff, clients and guests all count.

The statute lets a person whose likeness is used without consent sue to stop the use and recover damages, including a reasonable royalty. Oral consent satisfies the law, but it is hard to prove after an employee leaves or a client relationship ends. A one-page release signed on the day removes the question.

Property needs permission too. A property release from the owner covers a private home, a boat, a club or a storefront that is not yours, and artwork or a recognizable design in the frame may carry its own rights. An attorney should draft the release forms you reuse.

Settle who owns the images in writing

The contract decides ownership, so read it first. The U.S. Copyright Office says that once you create an original work and fix it, like taking a photograph, you are the author and the owner. Paying for a shoot does not by itself transfer the copyright. Rights move by a written agreement or a license.

Work made for hire is narrower than most clients assume. The Copyright Office's Circular 30 describes two situations: a work created by an employee as part of regular duties, and certain kinds of specially commissioned work when both parties sign a written agreement calling it a work made for hire. The listed kinds include part of a motion picture or other audiovisual work and a contribution to a collective work.

For most brand shoots the practical question is the license. Ask where you may use the images, for how long, in which media and whether anyone else may use them. Make sure the answer covers the website, advertising, press and print. The Copyright Office itself says it cannot give legal advice on a work's status, so have counsel review the terms.

Know the rules for patients and testimonials

Health care and testimonials carry extra rules. The U.S. Department of Health and Human Services says the HIPAA Privacy Rule requires an individual's written authorization before protected health information is used for marketing, with limited exceptions. The FTC says an endorsement must reflect the endorser's honest opinion and material connections must be disclosed.

A patient's picture is health information when it identifies the patient. HHS lists full-face photographs and comparable images among the identifiers that must be removed before health information counts as de-identified. A medical practice or med spa should have its compliance officer approve the authorization form before any patient appears in a photo, a before-and-after or a video.

For testimonial video, the FTC's guidance says an endorsement cannot be used to make a claim the marketer could not legally make itself, and that a connection consumers would not expect, such as payment or a free product, should be disclosed clearly. In video, the FTC says a disclosure should be made in the same way the claim is made, visually or audibly.

Plan around South Florida light and rain

Schedule outdoor work early and keep a backup. The National Weather Service describes southeast Florida's summer season as warm and humid with frequent showers and thunderstorms. In its study of Miami records, the median start of that season was May 21 and the median end was October 17.

The same study found the average summer season produced 69 percent of the year's precipitation in Miami's records. That is why outdoor shoots in summer are planned for the morning, with interiors held for the afternoon and a rain date agreed in advance. Hurricane season overlaps much of the same period, so a contract should say what happens if a storm forces a move.

Light matters as much as rain. Midday sun here is high and hard, which flattens buildings and makes people squint. Early and late light is softer and warmer, and an east-facing oceanfront looks its strongest soon after sunrise. Winter brings drier weather and the county's busiest social calendar, so venues, crews and permits are in demand. Book ahead.

A checklist for the week before

Confirm everything in writing a week out. The list below covers what most often goes wrong on a brand shoot: a missing permit, an unsigned release, a location nobody scouted at the right hour, wardrobe that clashes with the brand and no plan for rain. Each item takes minutes to check.

• Shot list approved, with each shot tied to a use and a format
• Permits issued or confirmed as not required, and insurance certificates sent
• Model releases ready for every person and property releases signed by owners
• HIPAA authorizations approved by the compliance officer for any patient on camera
• Usage rights and delivery date stated in the signed agreement
• Call sheet sent with times, parking, contacts and who approves shots on the day
• Wardrobe, product and the space itself prepared, with logos and clutter checked
• Airspace authorization in hand if a drone is flying
• Rain date and an indoor fallback agreed