CUSMGT403A - Manage licensing of music

CUSMGT403A
Manage licensing of music

This unit covers the performance outcomes, skills and knowledge required to manage, promote and negotiate licensing of musical works.

Application

Employees of music publishing companies apply the skills and knowledge described in this unit. They are responsible for promoting the use of material in a publisher's catalogue to prospective clients. They then negotiate licensing agreements with clients who want to use this material for their own purposes, such as in screen productions, broadcasts and mobile phone ringtones, and as mood music in public buildings. At times an artist manager may perform this role on behalf of artists.

Prerequisites

Not applicable

Elements and Performance Criteria

ELEMENT	PERFORMANCE CRITERIA
1. Promote works to clients	1.1 Plan strategies to promote listed works and originators of works 1.2 Research and assess marketing opportunities for listed works using appropriate sources 1.3 Identify and research users of publicly performed music to compile a list of potential clients 1.4 Pitch material to potential clients 1.5 Respond to requests for information on listed works from prospective clients
2. Negotiate contracts	2.1 Confirm that licensing of rights in works has been agreed by originator 2.2 Discuss and confirm terms and conditions of licensing contract with originator 2.3 Ensure licensing contract with client is free of conflicting claims or licences already granted or pending 2.4 Support all parties during licensing negotiations, and resolve disputes as required 2.5 Confirm licensing contract is accurate, understood by all parties and delivered within agreed timeframe 2.6 Organise the assignment of rights in works as required
3. Administer licensing policy and contracts	3.1 Ensure all licensing contracts comply with licensing policy and royalty obligations 3.2 Ensure licensing documentation is securely stored and readily available for retrieval to facilitate accurate royalty receipts and payments 3.3 Ensure licensing documentation is regularly monitored and updated

Required Skills

Required skills

research skills sufficient to:

analyse markets

assess promotional opportunities for listed works

monitor industry developments affecting the licensing of music

literacy skills sufficient to interpret licensing contracts

numeracy skills sufficient to facilitate accurate royalty payments and records

communication skills sufficient to negotiate licensing contracts and resolve disputes relating to licensing of listed works

initiative and enterprise skills in the context of:

identifying commercial potential of listed works

pitching material to prospective clients

learning skills sufficient to maintain currency of music licensing knowledge

planning and organisational skills sufficient toplan effective promotional strategies

self-management skills sufficient to set priorities to achieve planned outcomes

teamwork skills sufficient to work constructively with users of listed works and originators of works

technical skills sufficient to use online copyright licensing software

Required knowledge

differences between:

assignment and licensing of copyright

mechanical, performing and synchronisation rights

revenue structures in the music industry

rights and obligations of publishers and originators of works

role and functions of national and international music industry associations, such as:

collection

performing/mechanical rights

publishing

routine recordkeeping procedures

typical features of and terminology used inlicensing contracts

Evidence Required

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: administer and negotiate licensing contracts administer and negotiateassignment of rightscontracts promote listed works to potential clients.
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 software access to industry association agreements access to a list of works that could be licensed 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 ability to negotiate licensing contracts direct observation of candidate managing, promoting and negotiating licensing of works written or oral questioning to assess knowledge of the legal and economic aspects of promoting the used of listed works.
Guidance information for assessment	Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.

Range Statement

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.
Strategies may include:	persuading artists and record companies to record listed works persuading film and television production companies to commission new works from listed originators or use listed works promoting listed works to advertising agencies for use in commercials promoting reputation of listed originators.
Works may include:	recorded music: background music demonstration and audition recordings digital downloads and mobile phone ringtones educational recordings original soundtrack material premiums prerecorded and released production music (library music) sound samples and sequences sheet music.
Originators of works may include:	arrangers composers group collaborators lyricists performers writers.
Sources may include:	industry associations: Australasian Music Publishers Association (AMPAL) Australasian Performing Rights Association (APRA) Australasian Mechanical Copyright Owners Society (AMCOS) Australian Recording Industry Association (ARIA) advertising agencies film and television production companies record companies electronic and print media providing: articles journals magazines news reviews subscriptions industrial relations publications, such as: bulletins letters magazines newsletters industry publications, such as: directories information sheets reference books technical publications internet libraries and archives retail outlets selling recorded music, including audiotapes, CDs, digital downloads, ringtones and vinyl retail outlets selling sheet music suppliers of products and services.
Users of publicly performed music may include:	screen production companies advertising agencies aerobic and fitness classes background music users churches cinemas and film screenings dance clubs, e.g. mobile discos dance schools digital service providers electrical appliance shops function centres and halls jukebox and video jukebox operators live music venues, e.g. clubs and hotels public transport operators radio stations, including: commercial community narrowcast ringtone providers schools shopping centres and malls sporting arenas and stadiums television stations, including: public commercial community narrowcast subscription webcasters.
Terms and conditions may include:	accounting advances creative control credits duration, e.g. term and retention enforcement of rights exclusive and non-exclusive rights goods and services tax (GST) independent advice jurisdiction notices obligation to exploit overseas income productivity commitment promises and warranties recoupment royalty splits: public performance/communication sheet music synchronisation and covers schedule special negotiations: distribution of fees for collaborative projects fees for translators payment policies for producers, additional writers or accidental co-writers proportion of fees for music arrangements shared between originator and arranger whether payment should be a split with the originator on royalty payment as opposed to one-off fee for service termination territory.
Licensing contract may include:	mechanical public performance or broadcast sheet music sundry synchronisation a combination of the above.
Assignment of rights involves:	copyright owner or authorised person signing an agreement that transfers or sells one or more rights in the copyright owner's work to another entity specifying the terms under which the rights are assigned.
Licensing documentation may include:	broadcast reports collection agency reporting and return forms copyright records distribution files prescribed notices sales records and reports.

Sectors

Management and leadership - management

Employability Skills

Not applicable

Licensing Information

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.