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Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

1. Identify opportunities for legal use of original works
   • Confirm original work is protected against unauthorised use
   • Research potential for commercial use of original work under copyright, intellectual property and licensing legislation
   • Seek advice, as required, on copyright owners’ exclusive rights and the rights of others to use works
2. Protect original works locally and internationally
   • 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’ or copyright owners’ rights are protected
3. Assign copyright of original works
   • Plan to negotiate agreements for original work
   • Check implications for assigning copyright are understood by relevant parties
   • Assign copyright to new owner according to legislative requirements
   • Confirm with relevant parties the extent of artists’ or publishers’ control over the use of original work under assignment of copyright
   • Record terms of assignment of copyright in a formal contract signed by relevant parties
4. License rights to original works
   • 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 use of the original work or licence with relevant parties
   • Confirm and agree on creative control of the original work with relevant parties
   • Negotiate fees relevant to the context of the agreement with relevant parties
   • Confirm and agree on responsibility for enforcing copyright against infringement
   • Record and store terms relating to licensing agreement in a formal contract signed by relevant parties
5. Maintain copyright documentation
   • Store copyright documentation in a secure and accessible form for retrieval where required
   • Identify and confirm responsibility to comply with conditions of copyright agreement

Performance Evidence

Evidence of the ability to:

confirm, by seeking advice if necessary, that original works have exclusive rights and are protected nationally and internationally

research potential for the commercial use of original works

negotiate and assign rights of a creative work to a third party, made formal by contract

negotiate and agree to licencing rights of a creative work to a third party, made formal by contract

correctly maintain copyright documentation.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

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Knowledge Evidence

To complete the unit requirements safely and effectively, the individual must:

explain the difference between assignment and licensing of copyright

explain the process to determine whether original works are protected nationally and internationally

outline recognised procedures to determine exclusive copyright ownership

describe the role of Australian copyright collection organisations play in securing copyright

identify Australian laws and regulations for assigning copyright.

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