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.
Sources of information may include:
Arts Law Centre of Australia
Media Entertainment and Arts Alliance
Musicians Union of Australia
Australasian Performing Rights Association (APRA)
Australasian Mechanical Copyright Owners Society (AMCOS)
Australian Recording Industry Association (ARIA)
Copyright Agency Limited (CAL)
Australian Copyright Council
Live Performance Australia
Music Council of Australia.
Rights of performers may relate to:
obtaining performers' permission to record
ownership of copyright in the recording, including joint ownership of copyright
moral rights
right of attribution
right against false attribution
right of integrity.
Recording deals may include:
audio and audiovisual recordings:
solo
band or group
360 degree deals, including for example:
live performances
tour earnings
recordings
merchandise
brand placement.
Parties may include:
record companies
concert promoters
tour companies.
Professional development activities may include:
conferences
master classes
seminars
symposiums
training programs
workshops.
Industry networks may include:
professional industry associations
legal advisers
advisory committees
government agencies
lobby groups
unions.
Terms and conditions may include:
royalties
royalty splits
advances
overseas income
allowances
artistic control and restrictions, including:
advertising
approval of test pressing
choice of producer and material to be recorded
copyright ownership
coupling and television compilations
cover art
packaging
image and likeness
editing, mixing, remixing and re-recording
promotional goods and endorsements
synchronisation uses
pay or play provisions, such as:
recording obligations
release commitment (domestic/foreign)
liquidated damages
termination rights
product commitment, such as:
amount
timetable for delivery
suspension
exclusivity
injunctive relief
promotional commitment and tour support
terms and territory
warranties and indemnities
accounting
bookkeeping
recordkeeping
credits
enforcement of rights
insurance
jurisdiction
obligation to exploit
partnerships
performance requirements
sick leave
unspecified amendments:
evolving styles and genres of artists
new and evolving technology
new levels of success for artists
unforeseen changes to recordings and performances
superannuation.
Legislative and regulatory requirements may include:
anti-discrimination
equal employment opportunity
affirmative action
industrial awards and agreements
copyright and intellectual property
OHS
terms and conditions of employment.
Effective negotiation techniques may include:
adopting collaborative negotiating style
assessing strengths and weaknesses of opposing positions and determining viable alternatives
clarifying purpose, content and desired outcomes
communicating results to all parties within appropriate timeframes
conducting negotiation in a professional manner
ensuring final position is agreed and understood by all parties
identifying consequences of non-agreements
maintaining contact with all parties
managing conflict/disagreement between parties
treating all parties courteously and in ways that acknowledge their contribution
using effective questioning techniques:
closed questions, allowing yes/no answers
open questions, allowing range of responses
reflective questions, provoking clarification.

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:
establish and manage contracts
monitor contractual compliance with legislative and regulatory requirements
work cooperatively with all parties to contracts.
Context of and specific resources for assessment
Assessment must ensure:
access to:
appropriate technology to obtain contractual and legal information
clients and financiers
relevant legislative and regulatory material regarding contractual arrangements
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 interpret relevant federal, state and territory legislation
direct observation of candidate establishing and managing contracts
written or oral questioning to assess knowledge as listed in the required knowledge section of this unit
problem-solving activities to assess ability to resolve contractual discrepancies and variations.
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
CUFCMP501A Manage and exploit copyright arrangements
CUSMGT401A Manage distribution of music and associated products
CUSMGT404A Administer artists' royalty income
CUSMGT502A Manage artists and their careers
CUSMGT503A Develop artists and repertoire.