Elements and Performance Criteria

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.

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.