This unit addresses the management and exploitation of copyright arrangements, including assigning and licensing rights and ensuring copyright is protected locally and internationally. It has application to people involved in exploiting 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 is appropriate for artists, artists' managers, agents, industry managers, legal representatives, music licensers and music publishers.

ELEMENT

PERFORMANCE CRITERIA

Identify exploitation opportunities for original works

1. Confirm original work is protected against unauthorised use

2. Research potential for commercial exploitation of original work under copyright, intellectual property and licensing legislation

3. Seek advice, as required, to ensure that copyright issues are fully addressed in terms of copyright owners exclusive rights and the rights of others

Protect original works locally and internationally

4. Confirm original work is protected at local and international levels against illegal or unauthorised reproduction (in part or full)

5. Confirm original work is protected at local and international levels against adaptations

6. Confirm original work is protected at local and international levels against unauthorised communications

7. Research and/or obtain reliable legal advice to ensure artists'/copyright owners' rights are protected

Assign copyright of original works

8. Undertake appropriate planning in preparation to negotiate deals for original work

9. Ensure implications of assigning copyright are understood by relevant parties

10. Assign copyright to new owner according to legislative requirements

11. Confirm and agree with relevant parties the degree to which artists/publishers may control use and exploitation of original work under assignment of copyright

12. Accurately record terms of assignment of copyright into a formal contract that is signed by relevant parties

License rights to original works

13. Confirm and agree to territories in which licensing rights may be exercised with relevant parties

14. Confirm and agree to the timeframe of the licence with relevant parties

15. Confirm and agree to the terms of exploitation of the original work/licence with relevant parties

16. Confirm and agree on the creative control of the original work with relevant parties

17. Negotiate fees relevant to the context of the deal with relevant parties

18. Confirm and agree on the responsibility for enforcing copyright against infringement

19. Accurately record and store terms relating to the licensing deal into a formal contract that is signed by relevant parties

Maintain copyright documentation

20. Store copyright documentation in a secure and accessible form (for retrieval where required)

21. Identify and confirm responsibility to comply with conditions of copyright agreement

Required skills

numeracy skills sufficient to negotiate fees and to determine the term of a copyright licence

literacy skills sufficient to interpret relevant legislation and to complete copyright documentation

communication skills sufficient to:

negotiate deals and achieve agreed outcomes

interpret the needs and rights of relevant parties

explain the difference between assignment and licensing of copyright

explain the difference between performing/mechanical/synchronisation rights and communicating to the public rights

teamwork skills sufficient to work with relevant parties when negotiating deals

problem solving skills sufficient to solve problems arising from negotiating deals

technology skills sufficient to use documentation systems for preparing formal contracts and recording/storing copyright agreements

Required knowledge

copyright, intellectual property and licensing legislation relevant to managing and exploiting copyright arrangements

industry organisations dealing with copyright, intellectual property and licensing

recognised procedures to determine copyright ownership

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

function of copyright collection societies as they relate to copyright exploitation

copyright conventions in relation to intellectual property (using, producing and protecting), publishing and new technology.

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 research and/or seek appropriate assistance to manage and exploit copyright

understanding of the difference between assignment and licensing of copyright

understanding of the role of organisations relevant to copyright legislation and business.

Context of and specific resources for assessment

Assessment must ensure:

access to copyright, intellectual property and licensing legislation, including the Copyright Act 1968 and Copyright Amendment (Digital Agenda) Act 2000

access to an environment where original work can be commercially exploited under copyright

access to reliable legal advice where required

access to appropriate technology to 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 managing and exploiting copyright arrangements

case studies to assess ability to research commercial exploitation opportunities

written and verbal questioning or interview to test knowledge of assigning and licensing of copyright

problem solving activities to assess ability to solve problems arising from negotiating deals

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

Guidance information for assessment

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

BSBSMB401A Establish legal and risk management requirements of small business

FNSICGEN402A Participate in negotiations.

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.

Original works 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/performances

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

Copyright issues may include:

exploited reversion triggers

length of control period after expiration of term

non-exploited reversion triggers

ownership of materials

term of licence or assignment.

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

synchronising the work

translating the work.

Relevant parties may include:

agents/artists' managers/industry managers

artists

employee associations/union representatives

industry/industry association representatives

legal representatives

licensers/publishers.

Licence may include:

exclusive licence

implied licence

non-exclusive licence.

Creative control may include:

right of approval of sub-licensing or assignments

selection of material

selection of producers

to what extent and how the work may be recast

ways in which the work is exploited.

Fees may include:

advance recouped against royalty

outright fee or royalty, or a combination of both.

Documentation may include dated copies of:

artwork

contracts

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.