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Elements and Performance Criteria

  1. Promote works to clients
  2. Negotiate contracts
  3. Administer licensing policy and contracts

Required Skills

Required skills

research skills sufficient to

analyse markets

assess promotional opportunities for listed works

monitor industry developments affecting the licensing of music

literacy skills sufficient to interpret licensing contracts

numeracy skills sufficient to facilitate accurate royalty payments and records

communication skills sufficient to negotiate licensing contracts and resolve disputes relating to licensing of listed works

initiative and enterprise skills in the context of

identifying commercial potential of listed works

pitching material to prospective clients

learning skills sufficient to maintain currency of music licensing knowledge

planning and organisational skills sufficient toplan effective promotional strategies

selfmanagement skills sufficient to set priorities to achieve planned outcomes

teamwork skills sufficient to work constructively with users of listed works and originators of works

technical skills sufficient to use online copyright licensing software

Required knowledge

copyright legislation as it relates to licensing publishing rights and royalties

Copyright Act

Copyright Amendment Digital Agenda Act

differences between

assignment and licensing of copyright

copyright for composition sound recordings and published editions

mechanical performing and synchronisation rights

revenue structures in the music industry

rights and obligations of publishers and originators of works

role and functions of national and international music industry associations such as

copyright

collection

performingmechanical rights

publishing

routine recordkeeping procedures

typical features of and terminology used inlicensing contracts

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 ability to

administer and negotiate licensing contracts

administer and negotiateassignment of rightscontracts

administer and negotiateassignment of rightscontracts

promote listed works to potential clients

Context of and specific resources for assessment

Assessment must ensure

access to copyright and licensing legislation including the Copyright Act and Copyright Amendment Digital Agenda Act

access to copyright licensing software

access to industry association agreements

access to a list of works that could be licensed

use of culturally appropriate processes and techniques appropriate to the language and literacy capacity of the candidate and the work being performed

Method of assessment

The following assessment methods are appropriate for this unit

case studies to assess ability to negotiate licensing contracts

direct observation of candidate managing promoting and negotiating licensing of works

written or oral questioning to assess knowledge of the legal and economic aspects of promoting the used of listed works

Guidance information for assessment

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


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.

Strategies may include:

persuading artists and record companies to record listed works

persuading film and television production companies to commission new works from listed originators or use listed works

promoting listed works to advertising agencies for use in commercials

promoting reputation of listed originators.

Works may include:

recorded music:

background music

demonstration and audition recordings

digital downloads and mobile phone ringtones

educational recordings

original soundtrack material

premiums

prerecorded and released

production music (library music)

sound samples and sequences

sheet music.

Originators of works may include:

arrangers

composers

group collaborators

lyricists

performers

writers.

Sources may include:

industry associations:

Australasian Music Publishers Association (AMPAL)

Australasian Performing Rights Association (APRA)

Australasian Mechanical Copyright Owners Society (AMCOS)

Australian Recording Industry Association (ARIA)

advertising agencies

film and television production companies

record companies

electronic and print media providing:

articles

journals

magazines

news

reviews

subscriptions

industrial relations publications, such as:

bulletins

letters

magazines

newsletters

industry publications, such as:

directories

information sheets

reference books

technical publications

internet

libraries and archives

retail outlets selling recorded music, including audiotapes, CDs, digital downloads, ringtones and vinyl

retail outlets selling sheet music

suppliers of products and services.

Users of publicly performed music may include:

screen production companies

advertising agencies

aerobic and fitness classes

background music users

churches

cinemas and film screenings

dance clubs, e.g. mobile discos

dance schools

digital service providers

electrical appliance shops

function centres and halls

jukebox and video jukebox operators

live music venues, e.g. clubs and hotels

public transport operators

radio stations, including:

commercial

community

narrowcast

ringtone providers

schools

shopping centres and malls

sporting arenas and stadiums

television stations, including:

public

commercial

community

narrowcast

subscription

webcasters.

Terms and conditions may include:

accounting

advances

creative control

credits

duration, e.g. term and retention

enforcement of rights

exclusive and non-exclusive rights

goods and services tax (GST)

independent advice

jurisdiction

notices

obligation to exploit

overseas income

productivity commitment

promises and warranties

recoupment

royalty splits:

public performance/communication

sheet music

synchronisation and covers

schedule

special negotiations:

distribution of fees for collaborative projects

fees for translators

payment policies for producers, additional writers or accidental co-writers

proportion of fees for music arrangements shared between originator and arranger

whether payment should be a split with the originator on royalty payment as opposed to one-off fee for service

termination

territory.

Licensing contract may include:

mechanical

public performance or broadcast

sheet music

sundry

synchronisation

a combination of the above.

Assignment of rights involves:

copyright owner or authorised person signing an agreement that transfers or sells one or more rights in the copyright owner's work to another entity

specifying the terms under which the rights are assigned.

Licensing documentation may include:

broadcast reports

collection agency reporting and return forms

copyright records

distribution files

prescribed notices

sales records and reports.