Application
This unit describes the skills and knowledge required to identify, manage and apply individual or collaborative copyright arrangements for original works.
It applies to individuals who have responsibility for identifying intellectual property requirements, assigning copyright and licensing rights, and ensuring copyright is protected locally and internationally.
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 opportunities for legal use of original works | 1.1 Confirm original work is protected against unauthorised use 1.2 Research potential for commercial use of original work under copyright, intellectual property and licensing legislation 1.3 Seek advice, as required, on copyright owners’ exclusive rights and the rights of others to use works |
2. Protect original works locally and internationally | 2.1 Confirm original work is protected at local and international levels against illegal or unauthorised reproduction (in part or full) 2.2 Confirm original work is protected at local and international levels against adaptations 2.3 Confirm original work is protected at local and international levels against unauthorised communications 2.4 Research and/or obtain reliable legal advice to ensure artists’ or copyright owners’ rights are protected |
3. Assign copyright of original works | 3.1 Plan to negotiate agreements for original work 3.2 Check implications for assigning copyright are understood by relevant parties 3.3 Assign copyright to new owner according to legislative requirements 3.4 Confirm with relevant parties the extent of artists’ or publishers’ control over the use of original work under assignment of copyright 3.5 Record terms of assignment of copyright in a formal contract signed by relevant parties |
4. License rights to original works | 4.1 Confirm and agree to territories in which licensing rights may be exercised with relevant parties 4.2 Confirm and agree to the timeframe of the licence with relevant parties 4.3 Confirm and agree to the terms of use of the original work or licence with relevant parties 4.4 Confirm and agree on creative control of the original work with relevant parties 4.5 Negotiate fees relevant to the context of the agreement with relevant parties 4.6 Confirm and agree on responsibility for enforcing copyright against infringement 4.7 Record and store terms relating to licensing agreement in a formal contract signed by relevant parties |
5. Maintain copyright documentation | 5.1 Store copyright documentation in a secure and accessible form for retrieval where required 5.2 Identify and confirm responsibility to comply with conditions of copyright agreement |
Evidence of Performance
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.
Evidence of Knowledge
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.
Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in creative arts industry environments. The assessment environment must include access to:
copyright, intellectual property and licensing information and legislation
sources of legal advice.
Assessors of this unit must satisfy the requirements for assessors in applicable vocational educational and training legislation, frameworks and/or standards.
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, 1.2, 2.4, 5.2 | Interprets complex texts to determine copyright arrangements and requirements |
Writing | 1.1, 1.3, 2.1-2.4, 3.2, 3.5, 4.1-4.7, 5.1, 5.2 | Completes workplace documentation in required format using technically specific language Records results of research for future use |
Oral Communication | 1.3, 3.2, 3.4, 4.1-4.6 | Uses listening and questioning techniques to confirm understanding and responsibilities Uses clear language to contribute information and express requirements |
Numeracy | 4.2, 4.5 | Uses mathematical calculations to create timeframes and determine fee structures |
Navigate the world of work | 1.2, 2.1, 3.3, 4.1, 5.1 | Understands and complies with the legislation underpinning copyright arrangements |
Interact with others | 1.3, 3.2, 3.4, 4.1-4.6 | Collaborates with appropriate parties to determine and confirm requirements Follows accepted communication practices and protocols to assist with negotiating requirements |
Get the work done | 1.1, 1.3, 2.1-2.4, 3.1-3.3, 4.1-4.3, 4.6, 4.7, 5.1, 5.2 | Plans, organises and implements tasks required to achieve protection of copyright, according to legislative requirements Uses analytical skills to evaluate information and make informed decisions Use appropriate technology to store and retrieve relevant documentation |
Sectors
Regulation, Licensing and Risk – Compliance