- CUFCMP501A - Manage and exploit copyright arrangements
Assessor Resource
CUFCMP501A
Manage and exploit copyright arrangements
Assessment tool
Version 1.0
Issue Date: April 2024
This unit addresses the management and exploitation of copyright arrangements, including assigning and licensing rights and ensuring copyright is protected locally and internationally. It has application to people involved in exploiting original works, including literary works, computer programs, compilations, artistic works, dramatic works, musical works, cinematograph films, sound recordings, broadcasts, photographs, photographic imagery and published works.
This unit is appropriate for artists, artists' managers, agents, industry managers, legal representatives, music licensers and music publishers.
This unit describes the performance outcomes, skills and knowledge required to manage and exploit individual or collaborative copyright arrangements.
This unit is related to CUFCMP301A Implement copyright arrangements.
No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)
Employability Skills
This unit contains employability skills.
Evidence Required
List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.
The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package. | |
Overview of assessment | |
Critical aspects for assessment and evidence required to demonstrate competency in this unit | Evidence of the following is essential: ability to research and/or seek appropriate assistance to manage and exploit copyright understanding of the difference between assignment and licensing of copyright understanding of the role of organisations relevant to copyright legislation and business. |
Context of and specific resources for assessment | Assessment must ensure: access to copyright, intellectual property and licensing legislation, including the Copyright Act 1968 and Copyright Amendment (Digital Agenda) Act 2000 access to an environment where original work can be commercially exploited under copyright access to reliable legal advice where required access to appropriate technology to prepare copyright documentation access to appropriate learning and assessment support when required use of culturally appropriate processes and techniques appropriate to the language and literacy capacity of learners and the work being performed. |
Method of assessment | The following assessment methods are appropriate for this unit: direct observation of the candidate managing and exploiting copyright arrangements case studies to assess ability to research commercial exploitation opportunities written and verbal questioning or interview to test knowledge of assigning and licensing of copyright problem solving activities to assess ability to solve problems arising from negotiating deals review of portfolios of evidence and third party workplace reports of on-the-job performance. |
Guidance information for assessment | Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example: BSBSMB401A Establish legal and risk management requirements of small business FNSICGEN402A Participate in negotiations. |
Submission Requirements
List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here
Assessment task 1: [title] Due date:
(add new lines for each of the assessment tasks)
Assessment Tasks
Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.
|
Required skills |
numeracy skills sufficient to negotiate fees and to determine the term of a copyright licence literacy skills sufficient to interpret relevant legislation and to complete copyright documentation communication skills sufficient to: negotiate deals and achieve agreed outcomes interpret the needs and rights of relevant parties explain the difference between assignment and licensing of copyright explain the difference between performing/mechanical/synchronisation rights and communicating to the public rights teamwork skills sufficient to work with relevant parties when negotiating deals problem solving skills sufficient to solve problems arising from negotiating deals technology skills sufficient to use documentation systems for preparing formal contracts and recording/storing copyright agreements |
Required knowledge |
copyright, intellectual property and licensing legislation relevant to managing and exploiting copyright arrangements industry organisations dealing with copyright, intellectual property and licensing recognised procedures to determine copyright ownership function of the Australian Copyright Council as it relates to own work context function of copyright collection societies as they relate to copyright exploitation copyright conventions in relation to intellectual property (using, producing and protecting), publishing and new technology. |
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included. | |
Original works may include: | artistic works, e.g. paintings, drawings, cartoons, sculpture, craft work, architectural plans, buildings, photographs, photographic imagery, maps, plans, special effects make-up broadcasts, e.g. television, radio cinematograph films, e.g. film, video, DVD compilations, e.g. anthologies, directories, databases computer programs dramatic works, e.g. choreography, screenplays, plays, mime pieces, performances musical works/performances published editions sound recordings/performances textual material, e.g. journal articles, novels, screenplays, poems, song lyrics, reports. |
Copyright issues may include: | exploited reversion triggers length of control period after expiration of term non-exploited reversion triggers ownership of materials term of licence or assignment. |
Exclusive rights may include: | communicating the work to the public importing the work into Australia licensing and assigning the work making an adaptation of the work making the work public for the first time performing/showing/transmitting the work in public reproducing the work synchronising the work translating the work. |
Relevant parties may include: | agents/artists' managers/industry managers artists employee associations/union representatives industry/industry association representatives legal representatives licensers/publishers. |
Licence may include: | exclusive licence implied licence non-exclusive licence. |
Creative control may include: | right of approval of sub-licensing or assignments selection of material selection of producers to what extent and how the work may be recast ways in which the work is exploited. |
Fees may include: | advance recouped against royalty outright fee or royalty, or a combination of both. |
Documentation may include dated copies of: | artwork contracts digital media products footage letters or other communications with people who have access to the original work manuscripts music, presented in any media or format negatives/photographs/photographic imagery recordings scores (music/film). |
Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.
Observation Checklist
| Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice | Yes | No | Comments/feedback |
|---|---|---|---|
| Confirm original work is protected against unauthorised use | |||
| Research potential for commercial exploitation of original work under copyright, intellectual property and licensing legislation | |||
| Seek advice, as required, to ensure that copyright issues are fully addressed in terms of copyright owners exclusive rights and the rights of others | |||
| Confirm original work is protected at local and international levels against illegal or unauthorised reproduction (in part or full) | |||
| Confirm original work is protected at local and international levels against adaptations | |||
| Confirm original work is protected at local and international levels against unauthorised communications | |||
| Research and/or obtain reliable legal advice to ensure artists'/copyright owners' rights are protected | |||
| Undertake appropriate planning in preparation to negotiate deals for original work | |||
| Ensure implications of assigning copyright are understood by relevant parties | |||
| Assign copyright to new owner according to legislative requirements | |||
| Confirm and agree with relevant parties the degree to which artists/publishers may control use and exploitation of original work under assignment of copyright | |||
| Accurately record terms of assignment of copyright into a formal contract that is signed by relevant parties | |||
| Confirm and agree to territories in which licensing rights may be exercised with relevant parties | |||
| Confirm and agree to the timeframe of the licence with relevant parties | |||
| Confirm and agree to the terms of exploitation of the original work/licence with relevant parties | |||
| Confirm and agree on the creative control of the original work with relevant parties | |||
| Negotiate fees relevant to the context of the deal with relevant parties | |||
| Confirm and agree on the responsibility for enforcing copyright against infringement | |||
| Accurately record and store terms relating to the licensing deal into a formal contract that is signed by relevant parties | |||
| Store copyright documentation in a secure and accessible form (for retrieval where required) | |||
| Identify and confirm responsibility to comply with conditions of copyright agreement |
Forms
Assessment Cover Sheet
CUFCMP501A - Manage and exploit copyright arrangements
Assessment task 1: [title]
Student name:
Student ID:
I declare that the assessment tasks submitted for this unit are my own work.
Student signature:
Result: Competent Not yet competent
Feedback to student
Assessor name:
Signature:
Date:
Assessment Record Sheet
CUFCMP501A - Manage and exploit copyright arrangements
Student name:
Student ID:
Assessment task 1: [title] Result: Competent Not yet competent
(add lines for each task)
Feedback to student:
Overall assessment result: Competent Not yet competent
Assessor name:
Signature:
Date:
Student signature:
Date: