Application
This unit describes the skills and knowledge required to use and respect copyright. It covers maintaining control over the copyright owner’s work, commercialising copyright material, preventing the unauthorised use of an original work and using other party’s original work legitimately.
It applies to people who may be authors, creators or other owners of works covered by copyright. It also applies to employees who have a role in ensuring that their organisation’s copyright is protected and/or that their organisation uses others’ copyright appropriately to benefit the organisation without infringing the rights of copyright owners.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
Elements describe the essential outcomes. | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1. Identify extent of copyright protection for original works | 1.1 Research copyright and its application to original works 1.2 Identify legislative requirements governing copyright 1.3 Determine the copyright owner of original works within or used by the organisation 1.4 Research the rights of the copyright owner, including moral rights 1.5 Determine whether a copyright notice is required 1.6 Identify sources of information and advice regarding copyright issues and use copyright professionals where required |
2. Ensure that copyright protection is effective when using original works | 2.1 Identify material within the organisation that may attract copyright 2.2 Identify and review organisation policies and procedures to ensure that own and others’ original works are protected against direct or indirect infringement of copyright 2.3 Implement policies and procedures to protect the organisation’s copyright, recognising exceptions that allow the legitimate use of own copyright material by others 2.4 Provide advice to relevant personnel about the legal and economic implications of copyright infringement 2.5 Evaluate and make recommendations for the commercialisation potential of copyright material 2.6 Research issues that need to be considered when licensing or selling copyright rights, including the use of copyright collection societies |
3. Monitor policies and procedures for use of own copyright materials by other parties | 3.1 Monitor policies and procedures to ensure that the organisation’s copyright is respected locally and internationally 3.2 Create and maintain documentation in relation to copyright agreements where established 3.3 Implement procedures to limit or deter infringement of organisation’s copyright and/or encourage the proper use of the organisation’s copyright 3.4 Make recommendations to appropriate personnel when real or potential infringements of organisation’s copyright may require further action |
4. Monitor policies and procedures for legitimate use of others’ copyright materials | 4.1 Research when permission is needed to use copyright material belonging to others 4.2 Advise appropriate personnel about restrictions on and licensing requirements for the use of others’ copyright material, and implement training if required 4.3 Advise appropriate personnel of legislative exceptions that allow use of copyright material without permission 4.4 Monitor policies and procedures covering organisational use of others’ copyright material to ensure it is to the benefit of the organisation 4.5 Monitor organisational use of others’ copyright material to reduce the risk of infringement 4.6 Take action to minimise damage if infringement of others’ copyright material occurs |
Foundation Skills
This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.
Skill | Performance Criteria | Description |
Reading | 1.1-1.4, 2.1, 2.2, 2.6, 3.1, 4.1, 4.4 | Researches and analyses complex texts, including legislation, to identify relevant information Monitors and reviews organisational policies and procedures to ensure compliance with legislative requirements |
Writing | 1.1, 1.3, 1.4, 2.2, 2.4, 2.5, 2.6, 3.2, 3.4, 4.1, 4.3 | Summarises research findings relevant to the organisation Records and maintains copyright documentation according to organisational and legislative requirements Reviews and updates organisational policies and procedures to ensure compliance with legislative requirements |
Oral Communication | 1.3, 1.6, 2.4, 2.5, 3.4, 4.2, 4.3 | Provides advice using language and terminology appropriate to audience Obtains information from others by listening and questioning |
Navigate the world of work | 1.2, 2.2, 2.3, 3.1, 3.3, 4.4 | Identifies and complies with legislative requirements associated with own role Implements, monitors and reviews policies and procedures to ensure organisational compliance with legislative requirements |
Interact with others | 1.3, 1.6, 2.4, 2.5, 3.4, 4.2, 4.3 | Follows accepted communication practices when seeking or providing advice about intellectual property |
Get the work done | 1.1-1.6, 2.1-2.3, 2.5, 2.6, 3.1-3.4, 4.1, 4.4-4.6 | Plans, organises and implements tasks needed to ensure compliance with organisational and legislative requirements Systematically gathers and analyses information to decide on action needed to prevent or address copyright infringements Uses digital technologies or tools to access and record information |
Sectors
Regulation, Licensing and Risk – Intellectual Property