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| 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. |
Copyright refers to: | the protection of the original expression of ideas from copying and certain other uses, but not the ideas themselvesa large range of works, including: works of art and design, and graphic representations, e.g. drawings, maps, community art literature and other written material, e.g. reports, manuals, guidesmusic, e.g. tunes, lyricssound recordingsfilms and other moving imagesdrama and dancebroadcastscomputer programs, software, gamesonline or digital contenttraditional knowledge |
Legislative requirements may include: | Copyright Act 1968Copyright Regulations 1969 |
Copyright owner may be: | creator of the workemployer where the employee creates a work in the course of employment as part of their usual duties, or is contracted to create the work for the employerperson to whom copyright has been assignedperson who arranged for a film or sound recording to be madeperson who commissioned design work on a commercial basisState, Territory or Federal Government for material created under their direction or controlNote: there could be more than one owner of copyright |
Rights of the copyright owner may include: | the exclusive right to reproduce, publish, communicate to the public, publicly perform and adapt materialassigning their rights to others so that another party becomes the owner or exclusive licensee of the rightslicensing their rights, giving another party the permission to use the copyright material but not own the rightslicensing of rights associated with derivative works of copyright material, including:exact copiesenhancementssupplementary workscompilations(For example license to use computer software programs - specialist legal advice should be obtained)Note: different rights attach to different types of copyright and the term of copyright may also differ |
Moral rights: | refer to the personal legal rights of individual creators in the copyright works they have created. They are separate from the economic rights of the copyright owner and may be held by different peopleinclude the right of creators:to be attributednot to have their work falsely attributednot to have their work treated in a derogatory way |
Copyright notice may refer to: | the copyright symbol ©name of the copyright owneryear of creation or first publicationNote: a copyright notice is not required to obtain copyright protection in Australia, but is recommended to clearly indicate to others that the work is protected and to identify the copyright owner |
Sources of information and advice may include: | IP AustraliaAttorney-General's DepartmentAustralian Copyright CouncilState and Commonwealth government agencieslawyers specialising in intellectual property, including trade mark attorneys and patent attorneysaccountantsbusiness advisorsmarketing consultantsbranding consultantscopyright collecting societies, e.g. CAL, PPCA, MIPI, APRA, AMCOSpublicationswebsites, Internetdatabases, e.g. local and international trade mark databases |
Policies and procedures may relate to: | information technology and computer usagecomputer security measuresemployment contracts, including responsibility for intellectual propertyconfidentiality agreements within the organisation or among people who may need to know about the copyright material, so as to keep the copyright secret prior to commercialisation |
Direct infringement of copyright may include: | when a person, without the copyright owner's permission:reproduces the work (or a substantial portion thereof) in a material formpublishes the workcommunicates the work to the publicin the case of literary, dramatic and musical works, performs the work in publicadapts the work |
Indirect infringement of copyright may include: | when a person authorises or facilitates another person to infringe copyright, including through 'inactivity' or 'indifference'when a person, without the copyright owner's permission, imports certain articles into Australia, e.g. to sell, distribute, exhibit or hire, when the article if made in Australia would have been an infringement of copyright |
Implications of copyright infringement may include: | legal and economic implications of not complying with copyright legislationlegal and economic implications of others infringing the individual or organisation's copyright |
Commercialisation potential could include: | licensing or transferring use of original workprofiting from the sale of the original workdeveloping a product or creative work under a government grant or other funding source and taking it to a commercial product stage |
Copyright collection societies refer to: | societies that license, collect and distribute royalties on behalf of the copyright owners they represent |
Locally refers to: | copyright protection within Australia which, under the Copyright Act 1968, exists automatically when something is written down or recorded in accordance with the requirements of the copyright legislation |
Internationally refers to: | copyright protection in other countries. Copyright is protected by national laws of each country, usually based on international conventions |
Procedures to limit or deter infringement may include: | making sure there is a copyright notice on all workstatement on works outlining preferred licensing arrangementsaccess codes in softwareencryptingexpress agreements on copyright ownership, particularly when work is outsourced |
Further action could include: | seeking legal advicecontacting publisher if the work is publishedcivil actions, including informal negotiations and letters of cease and desistcourt order, including:order to seize infringing goodsinjunctionsmonetary damages/compensation |
Restrictions may include: | not using others' copyright material without authorisation from the copyright ownerNote: there are some limited exceptions:fair dealing for the specific purposes of research or study, criticism or review, and news reportingreproduction of computer programs, e.g. in the technical processes of running the program, for back-up copy, to correct errors copying industrial products |