Unit of competency Outline

Date retreived
22/07/2026 1:05 AM AWST

Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.

Address copyright requirements

Address copyright requirements

Unit of competency
National Code
CUSADM08A
State Code
C4064
TGA Status
Deleted
DTWD Status
Deleted
Current Release Number
1.00
Current Release Date
05/04/2004
View on TGA
State Implementation and Classification
Approved Date
17/08/2009
Field of Education
090901 - Business And Commercial Law
Original Release Date
17/08/2009
Nominal Hours
40
Description
This unit describes the skills and knowledge required to protect creative work and performance from unauthorised use.This unit describes the skills and knowledge required to protect creative work and performance from unauthorised use.
Notes
Elements and Performance Criteria
1 Identify copyright issues for the protection and exploitation of products
  • 1.1 Apply knowledge of Copyright Act to products in terms of:protection against unauthorised use on own and other's workscommercial exploitation of own work under copyright intellectual property and licensing legislation
  • 1.2 Seek advice, as required, to ensure that copyright issues are fully addressed in terms of own rights and the rights of others
2 Ensure that copyright protection on creative works or performance is adequate locally and internationally
  • 2.1 Undertake all procedures necessary to ensure that created material are protected at local and international levels against illegal or unauthorised reproduction of work, or parts of work:in printed or recorded media in live performancein television, cable transmission or online mediain any media for advertising or screen for other purposes
  • 2.2 Undertake all procedures necessary to ensure that work is protected at local and international level against adaptations of work whether printed, live or in any electronic media
  • 2.3 Undertake research and/or obtain reliable legal advice where necessary to ensure that artists'/copyright owners' rights are protected
3 Assign copyright of creative works or performers
  • 3.1 Undertake strategic planning of negotiated deals for works/performances with an understanding of the difference between assignment of copyright and licensing
  • 3.2 Assign copyright for composers and/or performers only where artists are aware of all implications
  • 3.3 Confirm and agree with all relevant parties the degree to which artists and publisher may control the use and exploitation of work under assignment of copyright
  • 3.4 Ensure that the terms of assignments of copyright are written accurately into a formal contract that is available for legal advice where required, and understood and signed by all relevant parties
4 License rights to creative works or performance
  • 4.1 Confirm and agree to the territories in which the licensing rights may be exercised with all relevant parties
  • 4.2 Confirm and agree to the timeframe of the license with all relevant parties
  • 4.3 Confirm and agreed to the terms of exploitation of the work/license with all relevant parties
  • 4.4 Ensure that creative control of the work, including to what extent and how it may be recast, is confirmed and agreed by all relevant parties
  • 4.5 Ensure that fees are negotiated whether outright fee, royalty, or a combination of both, relevant to the context of the deal
  • 4.6 Ensure that responsibility for enforcement of the copyrights against infringement are confirmed and agreed
  • 4.7 Ensure that all terms relating to the licensing deal are written accurately, confirmed and signed by all relevant parties
5 Comply with conditions of copyright agreement
  • 5.1 Maintain documents relevant to the copyright agreement in a secure and accessible form allowing for retrieval where required
  • 5.2 Undertake all responsibilities to ensure compliance with the conditions of the copyright agreement as and when required
Range of variables
Variable
Scope
Relevant parties may include:
artists
industry or artists' managers
agents
legal representatives
Copyright may be fixed to:
music presented in any media or format
artwork
photographs
flyers
record covers
original materials
performances
scripts
film scores


Copyright may involve:
ownership of materials
term of license or assignment
length of control period after expiration of term
exploited reversion triggers
non exploited reversion triggers


Term involves:
the period during which the material may be exploited


Territory involves:
areas in which the licensing rights can or cannot be exercised


License may apply to the use of work for:
performance
film/video
multimedia
advertising
broadcast


Creative control involves:
ways in which the work is exploited
selection of material
selection of producers
right of approval of sub-licensing or assignments
Evidence guide
Underpinning knowledge and skills
Assessment must include evidence of the following knowledge and skills:
copyright legislation, awareness of the Copyright Act
the difference between performing, mechanical and synchronisation rights
the difference between copyright for composition, a sound recording and a published edition
the conditions necessary for copyright to exist in composition and in sound recordings
procedures which need to be undertaken to show proof of ownership of composed work
the difference between assignment and licensing of copyright

the function of organisations such as the:
Australian Performing Rights Association
Australian Copyright Council
Australasian Mechanical Copyright Owners Society Ltd
Australian Copyright Council
Phonographic Performance Company of Australia
Audio-Visual Copyright Society
Copyright Agency Ltd
and international copyright and collection societies

communicating to achieve consensus
communicating to achieve agreed outcomes
understanding of the needs of all relevant parties
understanding of the rights of all relevant parties
awareness of copyright conventions in relation to:
intellectual property (using, producing and protecting)
publishing
new technology
music
lyrics
text
visual materials


Linkages to other units
This unit has strong linkages to the following units and combined training delivery and/or assessment is recommended:
CUSADM09A Address legal and administrative
requirements
CUSGEN04A Participate in negotiations
Critical aspects of evidence
The following evidence is critical to the judgement of competence in this unit:

ability to research directly and/or seek appropriate assistance as required to manage copyright
understanding of the role of organisations relevant to copyright legislation and business
Method and context of assessment
Assessment may take place on the job, off the job or a combination of both of these. However, assessment of this unit would most effectively be undertaken on the job due to the specific workplace environment requirements. Off the job assessment must be undertaken in a closely simulated workplace environment.
Assessment may incorporate a range of methods to assess performance and the application of essential underpinning knowledge, and might include:
case studies and scenarios as a basis for discussion of copyright issues
work samples or simulated workplace activities
simulation of problem solving exercises
oral questioning on issues in copyright
projects/reports/logbooks
third party reports and authenticated prior achievements
authenticated samples of relevant work in managing copyright
portfolios of evidence
Assessment must take place over a period of time in order to determine competence in the ongoing implementation and monitoring aspects of this unit. Assessment should ensure that a sufficient range of tasks is covered.


Resource requirements
This unit requires access to the sources of information needed to manage copyright including the Copyright Act and a range of case studies. There is no specialist equipment required.

Key competencies
Level


Collecting, organising and analysing information
3
Communicating ideas and information
2
Planning and organising activities
1
Working with others and in teams
2
Solving problems
2
Using mathematical ideas and techniques
1
Using technology
1
Replaced By
State Code National Code Title Type
C5789 CUFADM02A Address copyright Unit of competency