Elements and Performance Criteria

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.
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).

EVIDENCE GUIDE
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.