This unit addresses the implementation of copyright arrangements, including sourcing copyright information, gaining clearance to use other people's material and protecting material from unauthorised use. It has application to people involved in using/creating original works, including literary works, computer programs, compilations, artistic works, dramatic works, musical works, cinematograph films, sound recordings, broadcasts, photographs, photographic imagery and published works.

This unit does not address assigning copyright and licensing rights. This is addressed in:

CUFCMP501A Manage and exploit copyright arrangements.

ELEMENT

PERFORMANCE CRITERIA

Source information on copyright

1. Identify sources of information on copyright

2. Determine what is and is not protected by copyright

3. Identify and determine role of copyright collection societies

4. Check copyright legislation with appropriate person

5.

Obtain permission to use copyright material

6. Identify copyright owner's exclusive rights

7. Determine need for copyright clearance and identify potential for fair use of copyright material

8. Discuss and confirm copyright clearance issues

9. Determine if moral rights or performer's rights need to be credited

10. Obtain and accurately record copyright clearance

Protect material from unauthorised use

11. Confirm original work as being the result of individual/collaborative skill and effort

12. Discuss and formally record copyright ownership/proportional ownership

13. Identify and confirm individual/collaborative copyright responsibilities

14. Identify potential infringements to copyright and activities that will not infringe copyright

15. Apply copyright notices on creative works in a correct manner

16. Prepare, date and store documentation to track copyright requirements

Required skills

numeracy skills sufficient to determine the duration of copyright arrangements

literacy skills sufficient to read copyright information and to complete copyright documentation

learning skills sufficient to maintain knowledge of copyright issues

teamwork skills sufficient to work with collaborators when discussing copyright ownership

problem solving skills sufficient to recognise problems that arise from copyright ownership discussions and to seek expert advice on solving them

technology skills sufficient to use documentation systems for tracking copyright requirements and for accessing/downloading copyright material

Required knowledge

basic understanding of copyright principles/legislation relevant to implementing copyright arrangements

recognised procedures to determine copyright ownership

function of the Australian Copyright Council as it relates to own work context

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 following is essential:

ability to source information and seek appropriate assistance as required to organise copyright arrangements, and ability to apply this information to day-to-day work activities

knowledge of copyright principles/legislation.

Context of and specific resources for assessment

Assessment must ensure:

access to a range of relevant and current industry information materials, such as the Copyright Act 1968, Copyright Amendment (Digital Agenda) Act 2000 and Australian Copyright Council information sheets

access to an environment where copyright information can be applied and copyright ownership discussed

access to appropriate personnel to check copyright legislation

access to appropriate technology to source copyright information and prepare copyright documentation

access to appropriate learning and assessment support when required

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

Method of assessment

The following assessment methods are appropriate for this unit:

direct observation of the candidate obtaining permission to use copyright material

case studies to assess ability to identify sources of information on copyright

written and verbal questioning or interview to test knowledge of the sources of information and the role of copyright collection societies

problem solving activities to assess ability to recognise problems that arise from copyright ownership discussions

review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate.

Guidance information for assessment

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

CUFIND201A Develop and apply creative arts industry knowledge

CUFIND301A Work effectively in the screen and media industries.

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.

Sources of information may include:

Australian Copyright Council

copyright collection societies

copyright legislation

industry associations

industry information sheets and journals

internet

libraries

union publications (newsletters, magazines, bulletins and letters).

Copyright collection societies may include:

Australasian Mechanical Copyright Owners Society Ltd (AMCOS)

Australasian Performing Right Association (APRA)

Christian Copyright Licensing International

Copyright Agency Ltd (CAL)

International copyright collection societies

Mediacom/LicenSing

Phonographic Performance Company of Australia (PPCA)

Screenrights

VISCOPY

Word of Life International.

Appropriate person may include:

agents/artists' managers/industry managers

Australian Copyright Council representatives

copyright collection society representatives

employee association/union representatives

industry/industry association representatives

legal representatives

licensers/publishers.

Exclusive rights may include:

communicating the work to the public

importing the work into Australia

licensing and assigning the work

making an adaptation of the work

making the work public for the first time

performing/showing/transmitting the work in public

reproducing the work.

Fair use of copyright material may include:

new exceptions for consumers and new flexible dealing exception

professional advice by a lawyer, patent attorney or trade mark attorney

reporting news

research, study, criticism or review.

Moral rights may include the right of the creator:

not to have their work falsely attributed

not to have their work treated in a derogatory way

to be attributed (or credited) for their work.

Performer's rights may include:

the moral rights in performances

the ownership of copyright in sound recordings

the rights to control recording and communication of their performances.

Original work may include:

artistic works, e.g. paintings, drawings, cartoons, sculpture, craft work, architectural plans, buildings, photographs, photographic imagery, maps, plans, special effects make-up

broadcasts, e.g. television, radio

cinematograph films, e.g. film, video, DVD

compilations, e.g. anthologies, directories, databases

computer programs

dramatic works, e.g. choreography, screenplays, plays, mime pieces, performances

musical works/performances

published editions

sound recordings

textual material, e.g. journal articles, novels, screenplays, poems, song lyrics, reports.

Copyright notices may include:

for sound recordings, the letter P (for phonogram) in a circle or in brackets is used

the symbol ©, followed by the name of the copyright owner and the year of first publication.

Documentation may include dated copies of:

artwork

digital media products

footage

letters or other communications with people who have access to the original work

manuscripts

music (presented in any media or format)

negatives/photographs/photographic imagery

recordings

scores (music/film).

Unit sector

Regulation, licensing and risk - Compliance

This unit contains employability skills.