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Elements and Performance Criteria

Identify copyright issues for the protection and exploitation of products
- Apply knowledge of Copyright Act to products in terms of:
protection against unauthorised use on own and other's works
commercial exploitation of own work under copyright intellectual property and licensing legislation
- Seek advice, as required, to ensure that copyright issues are fully addressed in terms of own rights and the rights of others
Ensure that copyright protection on creative works or performance is adequate locally and internationally
- Undertake all procedures necessary to ensure that created material are protected at local and international levels against illegal or unauthorised reproduction of work, or parts of work:
in printed or recorded media
in live performance
in television, cable transmission or online media
in any media for advertising or screen for other purposes
- Undertake all procedures necessary to ensure that work is protected at local and international level against adaptations of work whether printed, live or in any electronic media
- Undertake research and/or obtain reliable legal advice where necessary to ensure that artists'/copyright owners' rights are protected
Assign copyright of creative works or performers
License rights to creative works or performance
Comply with conditions of copyright agreement
- Maintain documents relevant to the copyright agreement in a secure and accessible form allowing for retrieval where required
- Undertake all responsibilities to ensure compliance with the conditions of the copyright agreement as and when required

Required Skills

Evidence Required

Underpinning knowledge and skills

Assessment must include evidence of the following knowledge and skills

copyright legislation awareness of the Copyright Act

the difference between performing mechanical and synchronisation rights

the difference between copyright for composition a sound recording and a published edition

the conditions necessary for copyright to exist in composition and in sound recordings

procedures which need to be undertaken to show proof of ownership of composed work

the difference between assignment and licensing of copyright

the function of organisations such as the

Australian Performing Rights Association

Australian Copyright Council

Australasian Mechanical Copyright Owners Society Ltd

Australian Copyright Council

Phonographic Performance Company of Australia

AudioVisual Copyright Society

Copyright Agency Ltd

and international copyright and collection societies

communicating to achieve consensus

communicating to achieve agreed outcomes

understanding of the needs of all relevant parties

understanding of the rights of all relevant parties

awareness of copyright conventions in relation to

intellectual property using producing and protecting

visual materials

Linkages to other units

This unit has strong linkages to the following units and combined training delivery andor assessment is recommended

CUSADMA Address legal and administrative

CUSADM09A Address legal and administrative

CUSGENA Participate in negotiations

CUSGEN04A Participate in negotiations

Critical aspects of evidence

The following evidence is critical to the judgement of competence in this unit

ability to research directly andor seek appropriate assistance as required to manage copyright

understanding of the role of organisations relevant to copyright legislation and business

Method and context of assessment

Assessment may take place on the job off the job or a combination of both of these However assessment of this unit would most effectively be undertaken on the job due to the specific workplace environment requirements Off the job assessment must be undertaken in a closely simulated workplace environment

Assessment may incorporate a range of methods to assess performance and the application of essential underpinning knowledge and might include

case studies and scenarios as a basis for discussion of copyright issues

work samples or simulated workplace activities

simulation of problem solving exercises

oral questioning on issues in copyright

projectsreportslogbooks

third party reports and authenticated prior achievements

authenticated samples of relevant work in managing copyright

portfolios of evidence

Assessment must take place over a period of time in order to determine competence in the ongoing implementation and monitoring aspects of this unit Assessment should ensure that a sufficient range of tasks is covered

Resource requirements

This unit requires access to the sources of information needed to manage copyright including the Copyright Act and a range of case studies There is no specialist equipment required

Key competencies

Collecting organising and analysing information

Communicating ideas and information

Planning and organising activities

Working with others and in teams

Solving problems

Using mathematical ideas and techniques

Using technology

Range Statement

Range of variables

Variable	Scope
Relevant parties may include:	artists industry or artists' managers agents legal representatives
Copyright may be fixed to:	music presented in any media or format artwork photographs flyers record covers original materials performances scripts film scores

Copyright may involve:	ownership of materials term of license or assignment length of control period after expiration of term exploited reversion triggers non exploited reversion triggers

Term involves:	the period during which the material may be exploited

Territory involves:	areas in which the licensing rights can or cannot be exercised

License may apply to the use of work for:	performance film/video multimedia advertising broadcast

Creative control involves:	ways in which the work is exploited selection of material selection of producers right of approval of sub-licensing or assignments