ELEMENT

PERFORMANCE CRITERIA

1. Establish publishing agreements

1.1 Calculate publishing income in line with publishing agreements, copyright legislation and industry association agreements

1.2 Negotiate and confirm royalties arising from the use of published works on behalf of originators

1.3 Ensure royalty negotiations accurately and fairly reflect the commercial stature of originator

1.4 Discuss, confirm and document publishing agreement with originator

1.5 Ensure terms and conditions are agreed and incorporated into publishing agreement

1.6 Ensure commercial interests of originator and publisher are balanced and clearly articulated

2. Collect and disperse publishing income

2.1 Notify relevant agencies of publishing agreement

2.2 Use standard administration procedures of relevant agencies to accurately and promptly report the use of published works

2.3 Use relevant software to calculate royalties and apportion income in line with publishing agreement

2.4 Distribute royalties to originators in line with publishing agreement

3. Monitor use of published works

3.1 Plan and implement strategies to monitor and report on the use of published works

3.2 Monitor and build on attributes of published works

3.3 Contact and negotiate with relevant agencies to protect use of published works internationally

4. Maintain accounts for published works

4.1 Update files systematically to ensure currency and accuracy of records and reporting

4.2 File new published works and notify relevant agencies promptly

Required skills

research skills sufficient to trace and monitor the use and users of published works

literacy skills sufficient to interpret publishing contracts and agreements

numeracy skills sufficient to calculateroyalty paymentsand apportion publishing income to originators of published works

communication skills sufficient to negotiate publishing agreements with originators of published works and negotiate rates for the use of published works

critical-thinking skills sufficient to analyse the use and users of published works

initiative and enterprise skills sufficient to identify alternative approaches to monitoring the use of published works

learning skills sufficient to maintain currency of music licensing knowledge

planning and organisational skills sufficient to report on the use of published works

problem-solving skills sufficient to address discrepancies in royalty calculations

self-management skills sufficient to assess and prioritise own workload

teamwork skills sufficient to build and maintain networks and relationships with originators and users of published works

technical skills sufficient to use licensing and/or accounting software

Required knowledge

copyright legislation as it relates to licensing, publishing, rights and royalties:

Copyright Act 1968

Copyright Amendment (Digital Agenda) Act 2000

revenue structures in the music industry

types of royalty income due to composers and songwriters

methods for calculating and distributing publishing income

rights and obligations of publishers and originators of published works

role and functions of:

industry personnel

music retail outlets

music publishing companies

record companies

digital distributors/aggregators

national and international music industry associations

routine bookkeeping and accounting procedures

typical features, requirements and terminology used inpublishing contracts and agreements

issues and challenges that typically arise in the context of administering publishing income

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 ability to:

analyse and assess licensing potential of relevant published works

calculate, collect and distribute royalties

negotiatepublishing agreements.

Context of and specific resources for assessment

Assessment must ensure:

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

access to copyright licensing and accounting software

access to industry association agreements

access to publishers, originators and users of published works

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

Method of assessment

The following assessment methods are appropriate for this unit:

case studies to assess candidate's ability to negotiate publishing agreements

direct observation of candidate calculating, collecting and distributing publishing income

written or oral questioning to assess knowledge of the process involved in collecting and distributing income from published works

problem-solving activities to assess ability to calculate returns and apportion their distribution.

Guidance information for assessment

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

BSBPUR402B Negotiate contracts

CUFCMP301A Implement copyright arrangements

CUSIND401A Develop specialist expertise in the music industry

CUSMGT401A Manage distribution of music and associated products

CUSMGT403A Managelicensing of music

CUSMGT404A Administer artists' royalty income.

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.

Publishing income may include:

mechanical income derived from audio-only recordings, such as:

retail sales

demo/audition recordings

educational recordings

premiums

ringtones

downloads

print income derived from printed works, e.g. sheet music sales

public performance income derived from publicly performed works, such as:

internet downloads

live performances

mobile phone ringtones

radio

television

licensing/synchronisation income derived from audiovisual works, such as:

DVD

film

television

video.

Industry association agreements may include:

Physical Product Licence Scheme: Australasian Mechanical Copyright Owners Society (AMCOS)

Joint Licence Scheme: Australasian Performing Rights Association (APRA) and Australasian Mechanical Copyright Owners Society (AMCOS).

Royalties may include:

mechanical

public performance, such as:

advertising

aerobic and fitness classes

background/in-store music

churches

cinemas/film screenings

dance clubs, including mobile discos

dance schools

jukebox and videos

live music venues, e.g. clubs and hotels

radio stations, including commercial, community and narrowcast

ringtone providers

schools

sporting arenas and stadiums

television stations, including public, commercial, community, narrowcast and subscription

webcasters

sheet music

synchronisation:

production music

original soundtrack material

prerecorded and released material

third-party goods and services.

Works may include:

songs

jingles

soundtracks

compositions.

Originators may include:

songwriters

composers

arrangers

lyric writers.

Publishing agreement may include:

term publishing

administration deal

single-song assignment

sub-publishing

work for hire.

Terms and conditions may include:

advances

royalty payment schedule:

general

public performance/communication

sheet music

synchronisation and covers

assignment of copyright

creative control

duration, e.g. term and retention

enforcement of rights

goods and services tax (GST)

independent advice

jurisdiction

notices

obligation to exploit

overseas income

productivity commitment

promises and warranties

recoupment

reversion of copyright

termination

territory.

Agencies may include:

Australasian Performing Rights Association (APRA)

Australasian Mechanical Copyright Owners Society (AMCOS)

and in certain circumstances:

American Society of Composers, Authors and Publishers (ASCAP)

Copyright Agency Limited (CAL)

Harry Fox Agency

Mechanical Copyright Protection Society (MCPS)

Performing Rights Society (PRS)

Phonographic Performance Company of Australia (PPCA)

Société des Auteurs, Compositeurs et Éditeurs de Musique (SACEM).

Attributes may include:

nature of promotional usage

intended audiences and audience size

rights granted to licensees

nature of products associated with published work

reputation of originator

success enjoyed by published work

territories in which published works are used.