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Elements and Performance Criteria

  1. Identify exploitation opportunities for original works
  2. Protect original works locally and internationally
  3. Assign copyright of original works
  4. License rights to original works
  5. Maintain copyright documentation

Required Skills

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 performingmechanicalsynchronisation 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 recordingstoring 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

Evidence Required

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 andor 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 and Copyright Amendment Digital Agenda Act

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 onthejob performance

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector workplace and job role is recommended for example

BSBSMBA Establish legal and risk management requirements of small business

BSBSMB401A Establish legal and risk management requirements of small business

FNSICGENA Participate in negotiations

FNSICGEN402A Participate in negotiations.


Range Statement

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).