Application
This unit describes the skills and knowledge required to negotiate and enter into recording contracts, and to monitor compliance with contract conditions.
It applies to individuals who are responsible for negotiating the terms and conditions of contracts with artists to record their performances, and for liaising with legal representatives to finalise contracts.
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. Maintain current knowledge of rights of parties to recording contracts | 1.1 Access reliable sources of information about the rights of performers in recording deals 1.2 Access reliable sources of information about the rights of parties entering into recording deals with performers 1.3 Identify and participate in professional development activities to consolidate music business knowledge 1.4 Participate in industry networks to maintain currency of music business knowledge |
2. Establish contracts | 2.1 Clarify terms and conditions of contract with all parties, ensuring all parties understand their contractual rights and obligations 2.2 Confirm contract complies with relevant legislative and regulatory requirements 2.3 Draft contract using specialist legal advice as required, and distribute to all parties for comment 2.4 Use negotiation techniques to resolve any issues to the satisfaction of all parties 2.5 Adjust contract in light of advice received, and reconfirm variations with all parties 2.6 Seek agreement from all parties to sign contract |
3. Finalise and monitor contracts | 3.1 Conduct final check on terms and conditions of contract with all parties 3.2 Ensure contract is signed, exchanged between all parties and appropriately stored and safeguarded 3.3 Monitor performance and observance of contractual terms and conditions by all parties 3.4 Enforce compliance and provide recommendations for contractual variations as required 3.5 Ensure changes to contracts are negotiated with, and agreed by, all parties |
Evidence of Performance
Evidence of the ability to:
use strategies to maintain knowledge of contractual requirements
establish and manage contracts
monitor compliance with contractual, legislative and regulatory requirements
work cooperatively with all parties to contracts.
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:
outline current sources of information relevant to recording contracts
explain the difference between rights and obligations in relation to contracts
explain typical terms and conditions of a recording contract
outline the legislation and regulations relevant to recording contracts
outline the techniques for conducting successful negotiations.
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:
interaction with others
relevant documentation for contracts
information on legislative and regulatory requirements relevant to recording contracts.
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 |
Learning | 1.3, 1.4 | Identifies opportunities and networks to extend own skills and knowledge |
Reading | 1.1, 1.2, 2.1, 2.2, 3.1, 3.3 | Identifies relevant information from a range of sources Interprets complex text to increase awareness of contract and copyright law, and confirm compliance |
Writing | 2.3, 2.5, 3.4 | Drafts and develops textual materials according to required formats |
Oral Communication | 1.4, 2.1, 2.4, 3.1, 3.5 | Provides and seeks information using vocabulary and non-verbal features appropriate to the audience Uses listening and questioning skills to seek information and clarify understanding |
Numeracy | 2.1, 2.3 | Interprets mathematical information embedded in texts |
Navigate the world of work | 1.1, 1.2, 2.1-2.3, 3.3, 3.4 | Identifies, confirms and applies copyright, contractual and legislative requirements |
Interact with others | 2.1, 2.4-2.6, 3.1, 3.5 | Collaborates with others to establish clear understanding of contractual requirements Uses interpersonal skills to negotiate the best outcomes for all |
Get the work done | 1.1-1.4, 2.1-2.6, 3.1-3.5 | Plans, organises and implements tasks required to achieve required outcomes Monitors progress to assess contract compliance Monitors progress towards goals Applies problem solving processes to identify risks, evaluate options and determine solutions |
Sectors
Administration – Purchasing and Contracting