After learning and applying the skills required by this unit you'll be able to demonstrate your skills in:
ELEMENT
PERFORMANCE CRITERIA
1. Identify copyright issues for the protection and exploitation of products
Apply knowledge of Copyright Act to products in terms of: - protection against unauthorised use on own and other's works - commercial exploitation of own work under copyright intellectual property and licensing legislation.
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
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 performance - in television, cable transmission or online media - in any media for advertising or screen for other purposes.
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.
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
Undertake strategic planning of negotiated deals for works/performances with an understanding of the difference between assignment of copyright and licensing.
Assign copyright for composers and/or performers only where artists are aware of all implications.
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.
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
Confirm and agree to the territories in which the licensing rights may be exercised with all relevant parties.
Confirm and agree to the timeframe of the license with all relevant parties.
Confirm and agreed to the terms of exploitation of the work/license with all relevant parties.
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.
Ensure that fees are negotiated whether outright fee, royalty, or a combination of both, relevant to the context of the deal.
Ensure that responsibility for enforcement of the copyrights against infringement are confirmed and agreed.
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
Maintain documents relevant to the copyright agreement in a secure and accessible form allowing for retrieval where required.
Undertake all responsibilities to ensure compliance with the conditions of the copyright agreement as and when required.
translate the above elements and performance criteria into plain english and summarise here...
If you are demonstrating this unit as part of a formal course, you might find that the unit is graded (meaning you can not only demonstrate your competence, but can also gain a credit or distinction). Your facilitator may already have set criteria that your college uses. If not, here are some ideas for possible credit/distinction activities that you can discuss with your facilitator:
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